CHARTER 


OF  THE 


ACKS  OFFICE 


CITY  OF  RALEIGH 


IlECAPITTTLATIOISr 


OF  THE  VARIOUS 

Acts,  Ordinances  and  Resolutions 

CONCERNING  THE  CITY, 


RALEICH: 

DAILY  NEWS  BOOK  AND  JOB  OFFICE. 


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RECAPITULATION 

OF  THE  VARIOUS 

ACTS,  ORDINANCES  AND  RESOLUTIONS 

CONCERNING  THE 

CITY  OF  RALEIGH 

FROM  1787  TO  187G. 


1.  Resolution  recommending  the  people  of  North  Carolina  to  direct 
their  Representatives  to  fix  on  the  place  for  the  seat  of  Government, 
December  6th,  1787. 

2.  Ordinance  for  establishing  a  place  for  holding  the  future  meetings 
of  the  General  Assembly,  and  a  place  of  residence  of  the  Chief  officers 
of  the  State. 

The  place  was  fixed  “within  ten  miles  of  the  plantation  whereon  Isaac 
Hunter  now  resides."  August  4th,  1788. 

3.  Act  to  carry  into  effect  the  foregoing  ordinance.  1791. 

4.  Act  to  confirm  the  proceedings  of  the  Commissioners  appointed 
under  an  Act  at  the  last  General  Assembly  entitled  “an  act  to  carry 
into  effect  an  ordinance  for  establishing,  &c.,  ratified  August  4th,  1788.  ” 

The  act  recites  that  the  Commissioners,  Frederick  Hargett,  Willie 
Jones,  Joseph  McDowell,  Thomas  Blount,  William  Johnston  Dawson 
and  James  Martin,  purchased  from  Joel  Lane  1,000  acres.  The  deed 
was  made  to  Gov.  Alexander  Martin.  Upon  four  hundred  acres  of  the 
land  a  cityr  was  laid  off,  comprising  besides  the  streets,  two  hundred  and 
seventy-six  acre  lots.  Their  proceedings  were  ratified,  and  the  city 
i  named  “Raleigh,"  September  31st,  1792. 

5.  Act  amending  act  of  July,  1788,  authorizes  any  three  of  the  Com¬ 
missioners  above  named  to  act.  1794. 

6.  Act  for  the  regulation  of  the  city  of  Raleigh. 

John  Haywood,  Dugal  McKeethan,  John  Marshall,  John  Rogers, 
John  Pain,  James  Mares  and  John  Craven  appointed  Commissioners 
and  authorized  to  elect  an  Intendant  of  Police.  The  usual  powers  con- 
!  ferred  upon  municipal  corporations,  given  to  the  city.  Feb.  7th,  1795. 


ft  £*  jT\ 


RECAPITULATION. 


4 


7.  Act  continuing  in  force  the  foregoing  act  of  February  7th,  1797*. 
February  21st,  1797. 

8.  Act  to  revive  and  amend  the  act  of  February  7th,  1795. 

Joshua  Sugg,  William  Folk  and  Thcophilus  Hunter  added  as  Com¬ 
missioners.  December  18th,  1801. 

9.  Act  for  the  government  of  the  City  of  Raleigh,  and  for  repealing 
*11  former  acts  passed  for  this  purpose. 

Act  of  incorporation  in  twenty-three  sections.  December  7th,  1803- 

10.  Act  for  the  appointment  of  Auctioneers.  December  19th,  1806. 

11.  Act  dividing  the  City  of  Raleigh  into  three  Wards,  and  to  amend 
the  act  tor  the  government  of  the  City  of  Raleigh.  &e. 

Gives  the  Middle  Ward  five  Commissioners,  the  Eastern  Ward  three' 
and  the  Western  Ward  one.  December  20th,  1806. 

12.  Act  amending  the  foregoing  act. 

Gives  AY  cstern  Ward  three  Commissioners.  December  23rd,  1809. 

13.  Act  to  explain  and  amend  the  act  of  1800.  December  21st,  18H, 

14.  Act  for  the  better  government  of  the  City  of  Raleigh. 

Vests  the  government  in  the  Intendant  of  Police  and  seven  Commis¬ 
sioners,  three  from  the  Middle  Ward  and  two  each  from  the  Eastern  and 
Western  Wards.  December  17th,  1813. 

15.  Act  to  revive  section  2  of  act  of  1801.  December  24th,  1814. 

1C.  Act  to  enable  the  Intendant  of  Police  and  Commissioners  of  Ral- 
>-igh  to  supply  the  City  with  water,  und  for  other  purposes.  December 
19  tli,  1815. 

17.  Act  for  the  better  regulation  of  the  City  of  Raleigh.  1816. 

18.  Act  increasing  the  powers  of  Commissioners  of  incorporated 
Towns  in  regard  to  dogs,  &c\ 

19.  Act  directing  the  sale  of  certain  public  land  adjoining  the  City  of 
Raleigh,  and  for  other  purposes.  1819. 

20.  Act  to  amend  an  act  entitled  an  act  laying  duties  on  sales  at  auc¬ 
tion  of  merchandise.  December  18th,  1820. 

21.  Act  in  addition  to  former  acts  passed  for  the  government  of  thv 
City  of  Raleigh.  December  22nd.  1821. 

22.  Act  to  provide  against  the  introduction  and  spreading  of  conta^ 
gious  or  infectious  diseases  in  this  State.  January  5th,  1825. 

23.  Act  for  the  better  protection  of  the  City  of  Raleigh  from  losses  by 
fire.  February  10th,  1827. 

24.  Act  to  amend  the  act  of  1814  entitled  an  act  to  revive  section  2 of 
act  of  1801,  entitled  “act  to  revive  act  of  1775,  [1795]  and  for  otheir 
purposes.”  January  13th,  1834. 

25.  Act  to  enable  Commissioners  of  Raleigh  to  appoint  Trustees  of 
.the  Rex  Hospital  Fund,  and  to  erect  such  Trustees  into  a  body  corporate, 
and  for  other  purposes.  January  11th,  1841. 

26.  Act  to  amend  acts  of  1792-’93  and  the  several  subsequent  act* 
-for  the  regulation  of  the  City  of  Raleigh,  and  to  authorize  the  Inten- 


( 


RECAPITULATION. 


r\ 

cant  of  Police  and  the  Commissioners  to  levy  a  special  or  guard  tax  for 
*uid  City.  January  23rd,  1843. 

27.  Act  to  invest  the  Intendant  of  Police  of  the  city  of  Raleigh  with 
the  same  powers  and  authorities  within  that  corporation  as  is  exerciser 
hr  Justices  of  the  Peace,  and  for  other  purposes.  January  26th,  1843. 

28.  Resolution  granting  the  free  use  of  stone  from  the  quarry  to  th* 
Commissioners  of  the  city  of  Raleigh.  January  17th,  1845. 

20.  Act  to  protect  from  injury  the  lots  belonging  to  the  State  in  the 
v-Hy  of  Raleigh.  January  17th,  1847. 

80.  .Act  to  amend  an  act  passed  in  1808,  entitled  an  act  for  the  gov" 
ernment  of  the  city  of  Raleigh.  January  28th,  1851. 

31.  Act  to  amend  an  act  for  the  government  of  the  city  of  Raleigh, 
passed  December  7th,  1808.  February  3rd,  1855. 


All  of  the  foregoing  Acts,  Resolutions  and  Ordinances  which  it  wa* 
deemed  desirable  to  continue  in  force,  were  included  in  the  act  which, 
is  the  basis  of  the  present  charter : 

Act  to  revise  and  consolidate  the  charter  of  the  city  of  Raleigh.  Pri¬ 
vate  acts  1856-’57,  chapter  98.  February  3rd,  1857. 

The  following  are  the  Acts,  Ordinances  and  Resolutions  concerning 
the  city  of  Raleigh  which  have  been  passed  since  February  3rd,  1857. 
Those  marked  *  are  embraced  in  other  acts,  have  been  repealed  or  are 
repealing  statutes,  and  are  not  included  in  the  charter  j  the  remainder 
have  been  incorporated  into  the  charter : 

*Act  to  amend  the  charter  of  the  city  of  Raleigh  and  other  cities  and 
towns.  Private  acts  1861,  extra  session,  chapter  24.  May  7th,  1861. 

Ordinance  to  enlarge  the  Police  powers  of  the  several  corporate  town* 
■in  this  State.  Ordinance  No.  20.  May  9th,  1862. 

Act  to  amend  the  charter  of  the  city  of  Raleigh.  Acts  1862-r68, 
chapter  49.  January  28th,  1863. 

*  Act  to  charter  the  city  of  Raleigh.  Private  acts  1866,  chapter  1. 
.March  10th,  1866.  (This  charter  was  submitted  to  the  voters  of  the  city 

provided  therein,  and  rejected  by  them.) 

Act  to  authorize  the  Mayor  or  Chief  Magistrate  of  any  incorporated 
city  or  town  in  this  State  to  enforce  the  collection  of  lines  and  penalties. 
Acts  1666-’67,  chapter  13.  March  2nd,  1867. 

Act  to  authorize  incorporated  towns  and  cities  to  establish  systems  of 
public  schools.  Acts  1866-J67,  chapter  14.  February  28th,  1867.  (This 
will  he  found  as  an  appendix.) 

Act  to  enable  the  city  of  Raleigh  to  borrow  money  for  certain  pur- 
jf'oses.  Private  acts  1868-’G9,  chapter  44  March  3rd,  1869. 

*Aet  in  relation  to  a  house  on  Baptist  [Moore]  Square  m  the  city  of' 
Raleigh.  Acts  1869-'70,  chapter  155.  March  26th,  1870. 


6 


RECAPITULATION. 


Act  to  amend  the  charter  of  the  city  of  Raleigh,  ratified  February  3rd. 
1857  and  January  28th,  18G3.  Private  acts  1870- '’71,  chapter  24.  Feb¬ 
ruary  23rd,  1871. 

Act  concerning  debts  contracted  by  municipal  corporations.  Acts 
1870-’71,  chapter  99.  February  28th.  1871. 

Act  concerning  municipal  officers.  Acts  1870-’ 71 ,  chapter  177  March 
31st,  1871. 

Act  to  protect  the  city  of  Raleigh  from  accident  by  fire.  Private  acts 
1870-’71,  chapter  90.  April  4th,  1871. 

(This  act  is  published  in  the  appendix.  It  has  never  been  submitted 
to  the  voters  of  the  city,  and  is  not  in  force.) 

*Act  appointing  a  Weigher  of  Cotton  and  a  Weigher  and  Inspector 
of  Cotton  and  Flour  and  Salt  Fish  for  the  city  of  Raleigh.  Private  acts 
1870-’71,  chapter  101.  April  5th,  1871.  The  appointment  of  the  officers 
mentioned  therein  was  taken  from  the  city  by 

*Act  to  incorporate  the  Board  of  Trade  of  the  city  of  Raleigh.  Pri¬ 
vate  acts  1871-’72,  chapter  95.  February  8th,  1872. 

*Act  to  give  the  chief  officers  of  the  cities  and  towns  the  criminal  ju¬ 
risdiction  of  Justices  of  the  Peace.  Acts  1871-’72,  chapter  195.  Feb¬ 
ruary  12th,  1872. 

Act  in  relation  to  Moore  and  Nash  Squares  in  the  city  of  Raleigh. 
Acts  1871-J72,  chapter  205.  February  12th,  1872. 

Act  to  amend  the  charter  of  the  city  of  Raleigh.  Private  acts  1872- 
J73,  chapter  68.  March  1st,  1873. 

Act  in  relation  to  town  lots  and  town  property.  Acts  1872-’73,  chap" 
ter  112.  February  28th,  1873. 

Act  concerning  incorporated  towns  and  villages.  Acts  1873-’74,  chap¬ 
ter  49.  January  16th,  1874. 

*Act  authorizing  and  empowering  the  Commissioners  of  the  city  of 
Raleigh  to  appoint  an  Inspector  of  wood  and  coal.  Private  acts  1 873- 
'74,  chapter  41.  January  27tli,  1874.  Repealed  by  Private  acts  1874- 
?75,  chapter  60. 

*Act  to  amend  an  act  entitled  an  act  to  amend  the  charter  of  the  city 
of  Raleigh,  ratified  February  23rd,  1871.  Private  acts  1878-’74,  chap¬ 
ter  78.  February  11th,  1874. 

Act  to  authorize  the  Commissioners  of  the  city  of  Raleigh  to  open  a 
street  across  the  south  end  of  the  lot  upon  which  the  Governor’s  Man¬ 
sion  is  now  situated.  Private  acts  1873-;74,  chapter  122.  February 
16th,  1874. 

*Act  to  repeal  acts  1873-’74,  chapter  41,  in  regard  to  Inspector  of 
wood  and  coal  for  the  city  of  Raleigh.  Private  acts  1874-’75,  chapter 
6.  December  19th,  1874, 

Act  concerning  the  city  of  Raleigh.  Private  acts  1874-’75,  chapter 
80.  February  16th,  1875. 


RECAPITULATION. 


7 


Act  in  relation  to  charters  of  cities  and  towns.  Acts  187  4-’ 75,  chap¬ 
ter  146.  March  10th,  1875. 

Act  to  ascertain  the  indebtedness  of  the  different  counties,  cities  amt 
towns  of  this  State,  and  to  prescribe  a  statute  of  limitations.  Acta 
1874-,’7ft  oha/nfpr  Mnvr*h  92nd_  187A 


*-J/o 


CHARTER 

OF  THE 

-  CITY  OF  RALEIGH, 

INCORPORATING  ALL  THE 

AMENDMENTS  TO  JANUARY  1st,  1S7G, 


Section  1.  The  General  Assembly  of  North  Carol  rut  do 

si  «;w|j  orate  u  •' 

rHvaieN<S£cSCHac^;  r^bai  ^ie  inhabitants  of  the  City  of  Raleigh-  slip.lt 
be,  and  continue  as  they  heretofore  have  been,  a  body 
politic,  and  corporate,  and  henceforth  the  corporation  shall 
bear  the  name  and  style  of  “  The  City  of  Raleigh/'  and 
under  such  name  and  style,  is  hereby  invested  with  all 
property  and  rights  of  property,  which  now  belong  to  the 
corporation,  under  any  other  corporate  name  or  names, 
heretofore  used;  and,  by  this  name  may  acquire  and  hold, 
for  the  purpose  of  its  government,  welfare  and  improve¬ 
ment,  all  such  estate  as  may  be  devised,  bequeathed  or 
conveyed  to  it,  not  exceeding  in  value  three  hundred 
thousand  dollars,  and  the  same  may,  from  time  to  time, 
sell,  dispose  of  and  invest  as  shall  be  deemed  advisable  by 
the  proper  authorities  of  the  corporation, 
limits  atpriv  Sec.  2.  That  the  present  corporate  limits  of  the  city  of 
Ealeigli  shall  be  extended  one-quarter  of  a  mile  in  every 
m‘  direction  around  said  city,  [as  originally  laid  out  and  es¬ 

tablished  in  seventeen  hundred  and  ninety-two,]  north, 
south,  east  and  west,  and  that  the  boundary  line  shall 
run  parallel  with  the  old  boundary  until  the  line  shall 
intersect  at  each  corner. 

Sec.  8.  That  the  City  of  Raleigh  shall  be  divided  into 
Aci.H  ip-73,  flyo  Wards,  denominated  the  first,  second,  third,  fourth  and 

xJaap.  I.  ^ 


CHARTER  OF  THE  C1TV  OF  RALEIGH. 


■fifth  wards.  The  first  ward  shall  be  bounded  as  follows : 
Beginning  at  the  intersection  of  Davie  and  Wilmington 
Streets,  thence  east  with  the  central  line  of  Davie  street  to 
its  intersection  with  Blood  worth  street,  thence  along  the 
line  of  Blood  worth  street  to  Martin  street,  thence  cast 
along  central  line  of  Martin  street  to  East  street,  thence 
north  with  the  central  line  of  East  street  to  its  intersection 
with  Jones  street  thence  east  with  the  central  line  of  Jones 
street  to  the  city  line,  thence  with  the  line  of  the  city 
north  and  west  to  Wilmington  street,  and  south  with  the 
central  line  of  Wilmington  street  to  the  beginning.  The 
second  ward  shall  be  bounded  as  follows:  Beginningat  the 
intersection  of  Davie  and  Wilmington  streets,  thence  with 
the  boundaries  of  the  first  ward,  east  with  Davie  street, 
north  with  Blood  worth  street,  east  with  Martin  street 
[By  a  decision  of  the  City  Attorney  the  description  “thence 
with  the  boundaries  of  the  first  ward”  controls  the  enu¬ 
meration  of  those  boundaries  ;  and  the  Act  must  be  con¬ 
strued  as  if,  after  words  “  Martin  Street  ”  Sec.  8.  line  IT, 
the  words  “  north  with  East  street  and  east  with  Jones 
street,”  had  been  inserted.]  to  the  city  line,  thence  with 
the  boundaries  of  the  city  south  and  west  to  Fayetteville 
Itoad,  thence  northwardly  up  the  center  of  said  Boad  to 
the  center  of  South  street,  thence  east  with  South  street  to 
its  intersection  with  Wilmington  street  thence  north  with 
the  central  line  of  Wilmington  street  to  the  beginning. 
The  third  ward  shall  be  bounded  as  follows :  Beginning 
at  the  intersection  of  South  and  Wilmington  streets, 
thence  north  with  central  line  of  Wilmington  street  to 
city  line,  thence  west  with  the  city  line  to  the  center  of 
Salisbury  street,  thence  with  the  central  line  of  Salisbury 
street  south  to  South  street,  thence  east  with  tiic  central 
line  of  South  street  to  the  beginning.  The  fourth  ward 
shall  be  bounded  as  follows :  Beginning  at  the  intersec¬ 
tion  of  Davie  and  Salisbury  streets,  thence  west  with  the 
central  line  of  Davie  street  to  Harrington  street,  thence 


10 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


north  with  the  central  line  of  Harrington  street  to  Har¬ 
gett  street,  thence  west  with  central  line  of  Hargett  street 
to  the  Raleigh  and  Gaston  Railroad  track,  thence  north¬ 
ward  along  central  line  of  said  track  to  its  intersection  with 
Hillsboro’  street,  thence  west  with  central  line  of  Hills¬ 
boro’  street  to  city  line,  thence  with  city  boundaries,  south 
and  east  to  the  Fayetteville  road,  thence  with  the  center 
of  said  road  to  South  street,  thence  west  with  central  line 
of  South  street  to  its  intersection  with  Salisbury  street, 
thence  north  with  the  central  line  of  Salisbury  street  to 
the  beginntng.  The  fiifth  ward  shall  be  bounded  as  fol¬ 
lows  :  Beginning  at  the  intersection  of  Davie  and  Salis¬ 
bury  streets  thence  with  the  boundaries  of  the  fourth  ward 
with  the  central  line  of  Davie  street  to  Harrington  street, 
thence  north  to  Hargett  street,  thence  west  with  central 
line  of  Hargett  street  to  the  Raleigh  and  Gaston  Railroad 
track,  thence  northward  along  central  line  of  said  track  to 
Hillsboro’  street,  thence  west  to  city  limits,  thence  with 
city  boundaries  north  and  east  to  Salisbury  street,  thence 
down  Salisbury  street  to  the  beginning. 

•seventeen ai-  Sec.  4.  There  shall  annually,  on  the  first  Monday  in 

ebosen.  Priv.  May  in  each  year,  be  elected  seventeen  Aldermen  tor  said 

Acts  1874-75,  J  J  . 

eh»p.  so,  see.  city,  who  shall  hold  their  offices  until  their  successors  are 
qualified  :  three  of  whom  shall  be  chosen  for  each  ward, 
except  the  third  ward,  and  the  third  ward  shall  choose 
five.  Such  A  dermen  shall  be  residents  of  the  ward  for 
which  they  are  chosen,  and  shall  be  elected  by  the  qual¬ 
ified  voters  of  such  ward. 

Appointnifnit  gEC>  5.  The  Board  of  Commissioners  for  Wake  county 

of  Registrars.  J 

J874-75?  chfp.  shall  select  at  or  before  their  meeting  in  March,  1875, and 

80,  sec.  3.  annually  thereafter,  a  Registrar  of  voters  for  each  of  the 
five  wards  of  the  city  of  Raleigh,  and  shall  cause  publica¬ 
tion  thereof  to  be  made  at  the  Court  House  door,  and  no¬ 
tice  to  be  served  on  such  persons  by  the  Sheriff,  and  shall 
give  ten  days  public  notice  of  a  registration  of  voters  in 
and  for  said  wards,  specifying  time  and  place  and  name 
of  Registrars. 


11 


CHARTER  OF  THE  CITY  OF  RALEIGH, 

Sec.  6.  Said  Registrars  shall  be  furnished  by  said  o^t'Sters^prVv 
County  Commissioners  with  registration  books;  and  it ^fap. 
shall  be  the  duty  of  said  Registrars  appointed  for  the  year  *‘ 

1875,  and  thereafter,  to  open  their  books  at  such  places  in 
the  city  of  Raleigh  as  may  be  designated  by  the  said 
Commissioners,  on  or  before  the  last  Monday  in  March 
in  such  year,  and  to  register  therein  the  names  of  all 
persons  applying  for  registration,  and  entitled  to  register 
and  vote  in  that  ward,  for  which  such  Registrar  has  been 
appointed,  keeping  the  names  of  the  white  voters  separate 
and  apart  from  those  of  colored  voters,  and  designating 
on  the  registration  books  opposite  the  names  of  each  per¬ 
son  registering,  the  place  of  his  residence  in  his  ward,  and 
if  any  applicant  for  registration  shall  not  disclose  the 
place  of  his  residence  in  his  ward,  his  wilful  failure  so 
to  do  shall  be  prima  facie  evidence  that  he  is  not  entitled 
to  register  in  such  ward.  Any  person  offering  to  register 
may  be  required  to  take  and  subscribe  an  oath  that  he  is 
a  citizen  of  North  Carolina  ;  and  has  resided  in  the  city 
of  Raleigh  ninety  days,  and  in  the  ward  for  which  he 
offers  to  register,  thirty  days  next  preceding  that  date,  or 
is  otherwise  entitled  to  register,  and  that  his  place  of  resi¬ 
dence  is  at - in  such  ward  ;  and  if  any  person  shall 

wilfully  swear  falsely  in  such  affidavit,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction,  shall  be 
sentenced  to  pay  a  fine  of  one  hundred  dollars,  and  to  be 
imprisoned  sixty  days  in  the  county  jail :  Provided ,  That 
after  the  first  registration  shall  have  been  made  by  virtue 
thereof,  a  new  registration  shall  not  be  annually  had,  but 
a  revision  of  the  registration  books  shall  be  made  ten 
days  prior  to  each  succeeding  election  to  be  held  for  said 
city,  agreeably  to  the  provisions  of  section  eight,  chapter 
fifty-two,  Battle’s  Revisal. 

Sec.  7.  The  registration  books  shall  be  closed  ten  days  Nation  Re~" 
before  the  day  of  election,  and  after  the  same  are  closed,  p5vateClASct8 
no  person  shall  be  allowed  to  register,  but  the  Registrar  w!tec%.chap* 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


shall,  on  application  before  said  books  are  closed,  register 
all  persons  not  then  qualified  to  vote  in  liis  ward,  who 
will  become  so  qualified  on  or  before  the  day  of  election. 
Immediately  after  the  said  books  are  closed,  they  shall  be 
deposited  in  the  office  of  the  Sheriff  of  Wake  county,  and 
citizens  desiring  so  to  do,  may  inspect  them. 

SSSSSnrprif>  Sec.  S.  The  Board  of  Commissioners  of  Wake  county, 
cbap.18S" or  before  their  meeting  in  April,  1875,  and  annually 
*■***•  ^  thereafter,  shall  appoint  four  Judges  or  Inspectors  of  elec¬ 
tion  for  each  of  the  several  wards  of  the  City  of  Raleigh? 
to  open  the  polls  and  superintend  the  same  for  the  muni¬ 
cipal  election  to  be  held  on  the  first  Monday  in  May  next 
succeeding,  and  the  polls  shall  be  opened  at  such  places 
'in  the  wards  respectively  as  said  Commissioners  shall 
dssignate — such  election  shall  be  held  as  near  as  may  be 
agreeable  to  the  provisions  of  sections  eleven,  fourteen 
fifteen,  nineteen  and  twenty  of  chapter  fifty -two  of  Battle’s 
Revisal,  and  the  Registrars  and  the  Judges  of  election 
whose  appointments  are  herein  provided  for,  shall  have 
authority  to  administer  oaths,  and  shall  have  all  the 
powers  of  such  officers  appointed  under  the  title  of  “Gen¬ 
eral  Assembly”  of  Battle’s  Revisal. 
r.wim-s.  iM-  Sec.  0.  All  electors  who  have  resided  in  the  City  of 

•v.ifcS*  Acts  1874-  . 

so,  Raleigh  ninety  days  and  for  the  ward  for  which  they 
offer  to  register,  thirty  days  next  preceding  the  election, 
shall  be  entitled  to  register  hereunder. 

Sec. 10.  The  polls  shall  be  opened  on  the  day  of  election 
K  fr°m  seven  o’clock  in  the  morning  until  sunset  of  the 
same  day — no  person  whose  name  has  not  been  duly  reg¬ 
istered,  shall  be  allowed  to  vote;  and  any  one  offering  to 
vote  may  be  challenged  at  the  polls,  and  if  the  Judges  of 
election  shall  sustain  the  challenge,  such  person’s  ballot 
shall  not  be  received.  Ballots  shall  be  on  white  paper 
and  without  device.  The  Aldermen  for  each  ward  shall 
be  voted  for  on  one  ballot. 


s 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


Sec.  11.  After  the  ballots  are  counted,  they  shall  bej;*^*  ** 

carefully  preserved,  and  shall  be,  together  with  the  poll 
list  which  shall  be  signed  by  the  Judges  of  election,  and  sec' 
the  registration  books  delivered  to  the  Register  of  Deeds 
for  Wake  county  for  preservation. 

Sec.  12.  If,  among  the  persons  voted  for,  in  any  ward  nutie>  or  j*- 
there  should  be  any  two  or  more  having  an  equal  num-  JJJSiAet*  i:#- 
ber  of  votes,  and  either  would  be  elected  but  for  the  equal 
vote,  the  Registrar  and  Inspectors  shall  decide  the  elec¬ 
tion  between  such  persons.  As  soon  as  the  result  of  the 
election  in  any  ward  is  determined,  two  certificates  there¬ 
of  shall  be  made  under  the  hand  of  the  Registrar  and 
Inspectors,  setting  forth  in  writing  and  in  words  the 
number  of  votes  each  candidate  received,  one  of  which 
certificates  the}^  shall  deliver  to  the  Sheriff  of  Wake 
county,  who  shall  at  once  make  proclamation  thereof  at 
the  Court  House  door,  and  the  other,  they  shall  deliver  to 
the  Mayor  of  the  City  of  Raleigh.  The  Registrar  and 
Inspectors  shall  also  furnish  to  each  person  chosen  as 
Alderman  in  their  ward,  a  certificate  of  his  election. 

Sec.  13.  Whenever,  under  tho  provisions  of  this  act. 
any  question  is  to  he  decided  by  the  Judges  of  election* 
and  such  Judges  cannot  decide  the  same  because  of  the hu" 
tie  vote,  the  Registrar  shall  give  the  casting  vote. 

Sec.  14.  That  on  the  Tuesday  succeeding  the  day  of 
such  election  the  Aldermen  elected  thereat  shall  qualify 
by  taking  the  oath  of  office  prescribed  for  Commissioners  njap‘  ^ 
in  an  act  entitled,  “  An  act  to  incorporate  the  city  of 
Raleigh,”  ratified  on  the  tenth  of  March,  I860,  and  when 
organized,  shall  succeed  to  and  have  all  the  rights,  pow¬ 
ers  and  duties  heretofore  prescribed  by  law  for  the  Board 
of  Commissioners  of  the  City  of  Raleigh. 

Sec.  15.  That  the  Board  of  Aldermen,  at  their  first 
meeting  after  each  annual  election,  shall  choose  some  per- 
son,  not  one  of  their  own  number,  to  be  Mayor  of  said 12> 

City,  to  hold  his  office  until  his  successor  shall  qualify > 


14 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


Sheriff  to  pre¬ 
serve  order  at 
polls.  Private 
Acts  1874-75, 
chap.  80,  sec. 
15. 


Mayor’s  oath. 
Private  Acts 
lS56-’57,  chap. 
98,  sec.  12. 


Alderman’s 
oath.  Private 
Acts  1856-’57, 
chap.  98,  sec. 
ti>. 


Term  of  office. 
Private  Acts 
1856- ’57,  chap. 
98,  sec.  14. 


Vacancies, 
how  filled. 
Private  Acts 
1856- ’57,  chap. 
9<S,  sec.  15. 


who  shall  preside  at  the  meeting  of  the  Board  of  Aider- 
men  and  have  the  rights  and  powers  and  perform  all  the 
duties  heretofore  prescribed  by  law  for  such  officers.  For 
misconduct  in  office  the  Mayor  may  be  removed  from  his 
office  by  a  vote  of  three-fifths  of  the  entire  number  of  the 
Board  of  Aldermen,  and  upon  such  office  becoming  vacant 
for  any  cause,  the  Board  of  Aldermen  shall  fill  the  same 
for  the  unexpired  time. 

Sec.  16.  That  all  elections  held  by  virtue  of  this  act 
shall  be  held  under  the  supervision  of  the  Sheriff  of  Wake 
county,  who  shall  attend  the  polls  and  by  his  deputies 
preserve  order. 

Sec.  17.  That  the  Mayor,  immediately  after  his  elec¬ 
tion  and  before  entering  oil  the  duties  of  his  office,  shall 
take  the  following  oath  :  “I,  A.  B.,  do  solemnly  swear, 

that  I  will  diligently  endeavor  to  perform  faithfully  and 
truly,  according  to  my  best  skill,  judgment  and  ability, 
all  the  duties  of  the  office  of  Mayor  of  the  city  of  Raleigh, 
while  I  continue  therein,  and  will  cause  to  be  executed 
as  far  as  in  my  power  lies,  all  the  laws,  ordinances  and 
regulations  made  for  the  government  of  the  city ;  and,  in 
the  discharge  of  my  duties,  I  will  do  equal  justice  in  all 
cases  whatsoever.” 

Sec.  18.  That  each  Alderman,  entering  on  the  duties 
of  the  office,  shall  take  before  the  Mayor  or  some  Justice 
of  the  Peace  an  oath  that  he  will  truly  and  impartially 
perform  the  duties  of  Alderman  for  the  city, 'according  to 
the  best  of  his  skill,  ability  and  judgment. 

Sec.  19.  That  the  Mayor  and  Aldermen  shall  hold  their 
offices  respectively,  until  the  next  succeeding  election, 
and  until  their  respective  successors  are  qualified. 

Sec.  20.  That,  if  any  person  chosen  Mayor  shall  refuse 
to  be  qualified,  or  there  is  any  vacancy  in  the  office  after 
election  and  qualification,  the  Aldermen  shall  choose 
some  qualified  person  Mayor  for  the  term,  or  the  unexpir¬ 
ed  portion  of  the  term,  as  the  case  may  be;  and,  on  like 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


15 


occasion,  and  in  like  manner,  the  Aldermen  shall  choose 
other  Aldermen  to  supply  the  place  of  such  as  shall  refuse 
to  act,  and  all  vacancies  which  may  occur ;  and  such  per¬ 
sons  only  shall  be  chosen  as  are  hereafter  declared  to  be 
eligible. 

°  Penalty  for  re- 

Sec.  21.  That  any  person  elected  Mayor  or  Alderman,  iusin|toquai- 
who  shall  refuse  to  be  qualified  and  act  as  such  shall  for-  ^cts  l&a-’oL 
feit  and  pay  to  the  equal  use  of  the  city,  and  of  him  who 16> 
will  sue  therefore,  twenty-five  dollars.  shall  not  lose 

Sec.  22.  [That  no  incorporated  town  or  village  in  this  Sieges  byp£u- 
_  L  r  .  .  .  ure  to 
State  shall  lose  any  of  its  corporate  rights  and  privileges  Private  ^  Act* 

by  failure  to  elect  officers  on  any  first  Monday  in  May.  49*  8ec*,1« 

Sec.  23.  That  in  case  of  failure  to  elect  municipal  offi-  Election  how 

*  to  be  called 

eers  on  any  said  first  Monday  in  May  in  any  incorporated  hewhoendday  Sr 
town  or  village  in  the  State,  the  electors  residing  within  prFvatemIctK 
such  incorporation  limits,  may,  after  ten  days  notice,  ^tS’2.cha|l‘ 
signed  by  any  three  of  said  electors,  and  posted  up  at 
three  places  within  any  corporation  limits,  proceed  to 
hold  an  election  for  municipal  officers  in  the  way  and 
manner  provided  for  in  Battle’s  Revisal,  chapter  one  hun¬ 
dred  and  eleven.  ] 

Sec.  24.  That  the  Mayor  of  the  said  City  of  Raleigh,  JJa-jgr’s  pow 
wdiile  acting  as  such,  is  hereby  constituted  an  official  SfVeehe? 
court  with  all  the  jurisdiction  and  powers  in  criminal  of¬ 
fences,  occurring  within  the  limits  of  said  city,  which 
now  are  or  may  hereafter  be  given  by  law  to  Justices  of 
the  Peace,  and  shall  also  have  jurisdiction  to  hear  and 
determine  all  misdemeanors  consisting  of  a  violation  of 
the  ordinances  of  said  city.  The  proceedings  in  said  court 
shall  be  the  same  as  are  now  or  hereafter  shall  be  pre-- 
scribed  for  courts  of  Justices  of  the  Peace,  and  in  all 
cases  there  shall  be  a  right  of  appeal  to  the  Superior  Court 
of  Wake  County.  And  that  in  all  cases  where  a  defend¬ 
ant  may  be  adjudged  to  be  imprisoned  by  the  said  Spe¬ 
cial  Court,  it  shall  be  competent  for  said  court  to  adjudge 
also  that  the  said  defendant  work  during  the  period  of 


Act.* 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


\n 


Mayor  to  issue 
precepts,  Pri- 
\  ate  A«'ts  of 
l*56-’r*7,  clutp. 

sec.  10. 

.Mayor  to  keep 
a  minute  ol' 
official  acts. 
Private  Acts 
rSotf-’ST,  chap. 
iH,  sec.  M. 


Mayor's  office. 
Trivatc  Acts 
iSTsfi-'oT,  cliap. 
JM,  sec:  21. 


Mayor  to  pre¬ 
side  at  meet¬ 
ings.  Private 
Acts  ofl-SoO-’ ">7, 
chap.  OS,  sec. 
22-. 


Powers  and 
duties  of  Ald¬ 
ermen.  Priv. 
Acts  IS. >6- '57, 
chap.  08,  sec, 
Jil. 


his  confinement,  in  tho  public  streets  or  other  public 
works  of  said  city. 

Sec.  25.  That  the  Mayor  may  issue  his  precepts  to  Con* 
stables  of  the  city,  and  to  such  other  officers  to  whom  a 
Justice  af  the  Peace  may  direct  his  precepts. 

Sec.  26.  That  the  Mayor  shall  keep  a  faithful  minute 
of  the  precepts  issued  by  him,  and  all  of  his  judicial  pro¬ 
ceedings.  The  judgments  rendered  by  him  shall  have  all 
the  force,  virtue  and  validity  of  judgments  rendered  by  a 
single  Justice  of  the  Peace,  and  may  be  executed  and  en¬ 
forced  against  the  parties,  in  the  county  of  Wake  and 
elsewhere,  in  the  same  manner  and  by  the  same  means  os 
if  the  same  had  been  rendered  by  a  Justice  of  the  Peace  for 
the  county  of  Wake. 

Sec.  27.  That  the  Mayor  shall  keep  his  ©ffiee  in  some 
convenient  part  of  the  city  designated  by  the  Aldermen. 
He  shall  keep  the  seal  of  the  corporation,  and  perform 
such  duties  as  shall,  from  time  to  time,  be  prescribed 
and  he  shall  receive  such  compensation  and  fees  as  may 
be  allowed  by  this  act,  and  by  the  ordinances  of  the  cor¬ 
poration. 

Sec.  28.  That  the  mayor,  when  present,  shall  preside 
at  all  meetings  of  the  Board  of  Aldermen,  and  when  there 
is  an  equal  division  upon  any  question,  or,  in  the  election 
of  officers  by  the  Board,  he  shall  determine  the  matter 
by  his  vote.  lie  shall  vote  in  no  other  case,  and,  if  he 
shall  be  absent,  the  Board  may  appoint  one  of  their  num¬ 
ber,  pro  tempore ,  to  exercise  his  duties  at  the  Board  [and 
in  the  event  of  his  absence  or  sickness,  the  Board  of  Aider- 
men  may  appoint  one  of  their  own  number,  pro  tempore , 
to  exercise  his  duties. — Bat.  Rev.,  c.  3,  5.  8.] 

Sec.  29.  That  the  Aldermen  shall  form  one  Board,  and 
a  majority  of  them  shall  be  competent  to  perform  all  the 
duties  prescribed  for  the  Aldermen,  unless  otherwise  pro¬ 
vided;  within  five  days  after  tlreir  election,  they  shall 
convene  for  the  transaction  of  business,  and  shall  then 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


fix  stated  days  of  meeting  for  the  year,  which  shall  be  as 
often  at  least  as  once  in  every  calendar  month.  The 
special  meetings  of  the  Aldermen  may  also  be  held  on 
the  call  of  the  Mayor  or  a  majority  of  the  Aldermen,  and 
of  every  such  meeting  when  called  by  the  Mayor,  all  the 
Aldermen,  and,  when  called  by  a  majority  of  the  Aider- 
men,  such  as  shall  not  join  in  the  call,  shall  be  notified 
in  writing. 

Sec.  30.  That  if  any  Alderman  shall  fail  to  attend  a  Manure  to^jn- 
general  meeting  of  the  Board  of  Aldermen,  or  any  special  chap, 

meeting  of  which  he  shall  have  notice  as  prescribed  in  085  sec‘ 24, 
the  charter,  unless  prevented  by  such  cause  as  shall  be 
satisfactory  to  the  Board,  he  shall  forfeit  and  pay  for  the 
use  of  the  City  the  sum  of  four  dollars. 

Sec.  31.  That  the  Aldermen,  when  convened,  shall  have  ordmanees 

7  7  by-laws,  &c. 

power  to  make  and  provide  for  the  execution  thereof, 
such  ordinances,  by-laws,  rules  and  regulations,  for  the 98,  sec*  ^ 
better  government  of  the  City,  as  they  may  deem  neces¬ 
sary  :  Provided ,  The  same  be  allowed  by  the  provisions  of 
this  act,  and  be  consistent  with  the  law  of  the  land. 

Sec.  32.  That  among  the  powers  hereby  conferred  on  row  emoneyT 
the  Board  of  Aldermen,  they  may  borrow  money  only  by  &rc.v  i 
the  consent  of  a  majority  of  the  qualified  registered  voters,  ^ap.1  at  tea. 
which  consent  shall  be  obtained  by  a  vote  of  the  citizens  26‘ 
of  the  corporation  after  thirty  day’s  public  notice,  at 
which  time  those  who  consent  to  the  same,  shall  vote  “ap¬ 
proved,”  and  those  who  do  not  consent,  shall  vote  “not 
approved” ;  they  shall  provide  water,  provide  for  repair¬ 
ing  and  cleansing  the  streets,  regulate  the  market,  take 
all  proper  means  to  prevent  and  extinguish  fires,  make 
regulations  to  cause  the  due  observance  of  Sunday,  ap¬ 
point  and  regulate  City  watches,  suppress  and  remove 
nuisances,  preserve  the  health  of  the  City  from  con¬ 
tagious  or  infectious  diseases,  appoint  Constables  to  exe¬ 
cute  such  precepts  as  the  Mayor  and  other  persons  may 
lawfully  issue  to  them,  to  preserve  the  peace  and  order  ani 


1* 


(HAKTEK  OF  T1IE  CITY  OF  IIAEEIUH. 


Clerk,  'I' ieas 
«verf  <Ac.  Pri¬ 
vate 

:ha{ 


Salary  ami 
duties  Clerk. 
Private  Acts 
1 806- '57.  chap. 

m.  see.  28. 


execute  the  ordinances  of  the  City,  and  shall  appoint  and 
provide  for  the  pay,  and  prescribe  the  duties  of  all  such 
other  officers  as  may  be  deemed  necessary. 

Sec.  33.  That  the  Aldermen, at  their  first  meeting  after 
chuj)S  their  election,  shall  appoint  a  Clerk,  a  Treasurer,  a  Collec¬ 
tor  of  taxes.  and  one  or  more  Constables,  who  shall  respec¬ 
tively  hold  their  offices  during  the  official  term  of  the 
Aldermen, subject  however  to  be  removed!  at  any  time  and 
others  appointed  in  their  stead,  for  misbehavior  or  neglect 
in  office.  Before  acting,  each  of  said  officers  shall  be 
sworn  to  the  faithful  discharge  of  his  duty,  and  shall  ex¬ 
ecute  a  bond  payable  to  the  City  of  Raleigh,  in  such  sum 
as  the  Aldermen  shall  determine. 

Sec.  34.  That  the  Clerk  shall  have  a  reasonable  salary, 
and  it.  shall  be  his  duty  to  keep  regular  and  fair  minutes 
of  the  proceedings  of  «n-re  Board,  and  to  preserve  all  books, 
papers  and  articles  committed  to  his  care  during  his  con¬ 
tinuance  in  office,  and  deliver  them  to  his  successor,  and 
generally  to  perform  such  other  duties  as  may  be  pre¬ 
scribed  by  the  Aldermen. 

Sec.  35.  That  every  person  shall  be  allowed  to  inspect 
the  journals  and  papers  of  the  Board  in  presence  of  the 
t']K  A  M  <  ‘  Clerk,  on  paying  to  him  twenty-five  cents  for  each  inspec¬ 
tion,  under  a  penalty  of  two  dollars  on  the  Clerk  for 
every  refusal,  to  be  paid  to  him  who  will  sue  for  the 
same.  — ; t  •  gpj 

dutiovs  or d the  Sec.  30.  That  the  Treasurer  shall  have  a  reasonable  sal- 

crlvHte  Acts  ary,  and  it  shall  be  his  duty  to  call  on  all  persons  who 
y^*e<-% o?haj>*  may  have  in  their  hands  any  moneys,  as  securities,  be¬ 
longing  to  the  City,  which  ought  to  be  paid  or  delivered 
into  the  treasury,  and  to  safely  keep  the  same  for  the  use 
of  the  City,  to  disburse  the  funds  according  to  such  orders 
as  may  be  duly  drawn  on  him  in  the  maimer  hereinafter 
specified  ;^he  shall  keep  in  a  book  provided  for  that  pur¬ 
pose,  a  fair  and  correct  account  of  all  moneys  received y 
and  disbursed  by  him,  and  shall  submit  said  account  to 


Journal  and 
papers  of  the 
Hoard.  Priv. 
Acts  L85fv 


CHARTER  OF  THE  CITY  OF  RAEEICH. 


the  A  Merman  when  eve  r’required  to  do  so;  on  the  expira¬ 
tion  of  his  term  of  office  he  shall  deliver  to  his  successor 
all  the  moneys,  securities  and  other  property  entrusted  to 
him  for  safe  keeping  or  otherwise,  and  during  his  contin¬ 
uance  therein,  he  shall  faithfully  perform  all  duties  law¬ 
fully  imposed  upon  him  as  City  Treasurer. 

Sec.  37.  That  all  orders  drawn  on  the  Treasurer  shall  5^sur°er. 
he  signed  by  the  Mayor  and  countersigned  by  the  Clerk, 
and  shall  state  the  purposes  for  which  the  money  is  8’ sec*°l* 
applied,  and  the  Treasurer  shall  specify  said  purposes  in 
his  accounts,  and  also  the  sources  whence  are  derived  the 
moneys  received  by  him. 

i  Sec.  38.  That  the  Board  of  Aldermen  may  choose  some 
one  of  their  number  or  other  suitable  person  to  be  Auditor 
of  the  City,  whose  salary  shall  not  be  more  than  two  hun¬ 
dred  dollars  per  annum.  No  claim  against  the  City  shall 
be  paid  until  it  shall  have  been  audited  by  such  officer. 

He  shall  make  monthly  reports  of  claims  audited  by  him 
to  the  Board  of  Aldermen,  and  shall  perform  such  other 
duties  as  the  Board  may  order.  The  Board  of  Aldermen 
may,  in  its  discretion,  abolish  the  office  of  Commissioner 
of  the  Sinking, Fund,  and  make  suitable  provision  for  the 
payment  and' management  of  the  City  debt.  That  the 
Board  shall  fund  the  present  debt  of  the  City  by  issuing 
bonds  payable  in  twenty  and  thirty  years  at  six  per  cen¬ 
tum  interest  with  coupons  payable  semi-annually,  recei v- 
'able  for  taxes  or  other  indebtedness  to  the  City,  and  the 
Board  shall  contract  no  debt  of  any  kind  unless  the 
money  is  in  the  treasury  for  its  payment,  except  for  the 
necessary  expenses  of  the  City  government,  until  the  taxes 
for  the  payment  thereof  can  be  collected. 

Sec.  39.  That  the  Aldermen  shall  cause  to  be  made  out  Transcript  or 

receipts  find 

annually,  a  fair  transcript  of  their  receipts  and  disburs-;  JJ|^se'PTiv 
merits  on  account  of  the  City,  for  the  general  inspection 
of  the  citizens,  and  cause  the  same  to  be  posted  before  the'52. 

Court  House  ten  days  before  the  day  of  the  animal  elec- 


20 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


tion  of  Aldermen ;  and  the  Alderman  failing  to  comply 
with  the  duties  prescribed  in  this  section  shall  forfeit  and 
pay  for  the  use  of  the  City,  and  for  him  wTho  will  sue  there¬ 
for,  one  hundred  dollars. 

SieSOpriv*  Sec.  ^0.  That  it  shall  he  the  duty  of  the  Constable  to 
t^ap98fsec!k  see  that  the  ^aws»  ordinances  and  the  orders  of  Aldermen 
are  enforced,  and  to  report  all  breaches  thereof  to  the 
Mayor ;  to  preserve  the  peace  of  the  City,  by  suppressing 
disturbances  and  apprehending  offenders,  and  for  that 
purpose  he  shall  have  all  the  powers  and  authority  vest¬ 
ed  in  Sheriffs  and  County  Constables  ;  he  shall  execute  all 
precepts  lawfully  directed  to  him  by  the  Mayor  or  others, 
and  in  the  execution  thereof,  shall  have  the  same  powers 
which  the  Sheriff  and  Constables  of  the  County  have  ;  and 
he  shall  have  the  same  fees  on  all  process  and  precepts 
executed  or  returned  by  him  which  may  be  allowed  to  the 
Constable  of  the  county  on  like  process  and  precept,  and 
also  such  other  compensation  as  the  Aldermen  may  allow. 
.^eTofConsta-  41.  That  the  Constable  shall  have  the  same  powers 

?&^vchap.  and  be  bound  by  the  same  rules  in  this  respect  as  Con¬ 
te,  sec.  34.  stables  of  the  County  of  Wake,  to  apprehend,  all  offenders 
against  the  State  within  the  limits  of  the  City,  and  to 
carry  them  before  the  Mayor  or  some  Justice  of  the  Peace, 
and  for  such  duty  he  shall  have  the  same  fees  as  Consta¬ 
bles  of  said  county,  to  be  paid  by  the  party  offending,  if 
found  guilty,  otherwise  by  the  City. 

Sec.  '1 2.  That  the  Aldermen  shall  provide  a  patrol  or 
watch  for  the  City,  and  prescribe  the  duties  and  powers  of 
the  several  officers,  members  and  classes  thereof,  and  shall 
pay  such  patrol  or  watch,  or  may  class  the  inhabitant# 
into  such  patrol  or  watch. 

h<Pri-  ^EC-  43.  That  the  inhabitants,  when  classed  into  a 
■^chapt eS’  wateh,  shall  (each  one,  either  in  person  or  by  a  good  sub- 
*ec,36.  stitute),  serve  in  turn  when  ordered  out  by  the  Mayor,  or 
other  persons  appointed  by  the  Aldermen  as  directors  of 
the  watch. 


Unties  of  Pa¬ 
trol.  Private 
Acts  1866- ’57, 
uhap.  98,  sec. 
35. 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


21 


Seo.  44.  That  any  person  being  of  the  watch  or  patrol,  Srve?f»r?vat® 
and  failing  to  serve  and  faithfully  to  discharge  his  duty,  ^JteraMec! 
shall  forfeit  and  pay  to  the  City  for  each  default,  if  an  of¬ 
ficer  of  the  watch,  two  dollars,  and  if  not,  one  dollar. 

Sec.  45.  That  the  Sheriff  or  Jailor  of  the  County  of  ofSr^aketo 
Wake  is  hereby  required,  without  a  mittimus,  to  receive  SSers'0  ffiv. 
into  the  jail  of  the  County,  as  his  prisoner,  any  person  ^apteri^secl 
taken  up  in  the  night  by  the  watch  or  constables,  and  to 
keep  such  person  safely  until  the  morning,  when  the  of¬ 
fender  shall  be  brought  before  the  Mayor,  or  some  Magis¬ 
trate  resident  in  the  city,  and  be  lawfully  dealt  with  ;  and 
for  such  services  the  Jailor  shall  be  entitled  to  such  fees  as 
he  is  in  other  like  cases.* 

Sec-  46.  That  for  any  breach  of  his  official  bond  by 
the  City  Clerk,  Constable,  Tax  Collector,  or  any  other  offi- oas- 
cer  who  may  be  required  to  give  an  official  bond,  he  £^57*  ^ap. 
shall  be  liable  in  an  action  on  the  same,  in  the  name  of  the 98, 8ec' S9* 
City  at  the  suit  of  the  City,  or  any  person  aggrieved  by  such 
breach,  and  the  same  may  be  put  in  suit  without  assign¬ 
ment  from  time  to  time,  until  the  whole  penalty  be  re¬ 
covered. 

Sec.  47.  That  every  person,  appointed  Auctioneer  for  the 
City,  shall]enter  in  a  book  a  daily  account  of  all  his  sales,  ^va^AcS* 
wherein  shall  appear  as  well  the  items  sold  as  the  aggre-  9|ftec?40.hap’ 
gate  of  sales  cast  up  at  least  once  a  week,  and  such  ac¬ 
counts  shall  be  open  to  the  inspection  of  the  Aldermen 
or  any  person  authorized  by  them  to  make  inspection. 

Sec.  48.  That  at  the  time  required  of  Auctioneers  to 
render  to  the  Clerks  of  Superior  Courts  their  accounts  of  t^u?enderGrab- 
money  received  on  auction  sales  liable  to  tax,  the  Auction-  Acts  isbPsl 
eer  shall  render  to  the  Treasurer  of  the  City  an  abstract  g!^’98’860* 
showing  monthly  the  gross  amount  of  sueli  sales  up  to 
the  time  of  rendering  the  account,  which  abstract  shall  be 
laid  before  the  Aldermen. 


*Note — The  Guard  House  is  now  used  instead  of  the  jail. 


22 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


Auctioneer’s 
commissions 
Private  Acts 
18M-V57,  chap. 
TW,  sec.  42. 


Penalty  for 
violations. 
Private  Acts 
l<S5ti-’57,  chap. 
!iS.  sec.  43. 


Acting  with¬ 
out  authority. 
Private  Acts 
1856- '57,  chap. 
m,  sec.  44. 

Taxes.  Priv. 
Acts  1856-o7, 
chap.  98,  sec. 
45. 


<  )n  real  estate. 
Private  Acts 
1862- ’63,  chap. 
49,  sec.  2. 

On  polls. 


On  goods,  Ac. 


Sec.  40.  That  every  Auctioneer  shall  be  entitled  to  two 
and  one-half  per  cent,  on  the  amount  of  sales  unless 
otherwise  agreed  between  him  and  the  owner  of  the  goods 
sold. 

Sec.  50,  That  if  any  Auctioneer  appointed  for  the  City 
shall  violate  any  of  the  provisions  of  chapter  seven  of  Bat¬ 
tle’s  Revisal  entitled  “Auctions  and  Auction eers,”  or  any 
of  the  duties  herein  prescribed,  he  shall  forfeit  and  pay 
for  the  equal  use  of  the  Cit}T  and  him  who  will  sue  there¬ 
for,  one  hundred  dollars. 

Sec.  51.  That  if  any  one  shall  presume  to  act  as  Auc¬ 
tioneer  in  the  City  without  being  duly  authorized  to  do 
so.  he  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  52.  That,  in  order  to  raise  a  fund  for  the  expen¬ 
ses  incident  to  the  proper  government  of  the  City,  the 
Aldermen  may  annually  levy  and  collect  the  following 
taxes,  namely  : 

*1.  On  real  estate,  situate  in  the  City,  a  tax  not  exceed¬ 
ing  one  dollar  on  every  hundred  dollars  value. 

IT.  On  all  taxable  polls,  a  tax  not  exceeding  three  dol¬ 
lars  a  poll,  who  may  be  resident  in  the  City  on  the  first 
day  of  April  of  each  year,  or  may  have  been  so  resident 
within  sixty  days  next  preceding  that  day. 

III.  On  every  hundred  dollars  value  of  goods,  wares 
and  merchandize,  purchased  for  re-sale,  by  any  merchant 


*Notk. — The  Charter  does  not.  expressly  provide  for  the  taxation  of 
personal  property;  hut  Art  VII,  Section  9,  of  the  Constitution  provide* 
that  “  all  taxes  levied  by  any  City,  &c.,  shall  be  uniform  and  ad  valorem 
upon  all  property  in  the  same,  except  property  exempt  by  this  Constitu¬ 
tion.” 

It  has  been  decided  by  a  former  City  Attorney  (in  which  opinion  I 
concur )  that  under  the  Constitution  the  City  had  the  right,  and  was 
obliged,  to  lay  its  taxes  upon  all  the  property  in  the  City,  and  that  per¬ 
sonal  property  should  he  listed.  The  word  i:  property  ”  does  not  include 
solvent  credits:  Pullen  vs.  Commissioners  of  Raleigh ,  08  N.  C.  R.  45T 


(' II A  RT  Kit  OF  THE  CITY  OF  RALEIOH. 


trading  in  the  City,  within  one  year  next  preceding  the 
first  day  of  April,  of  the  year  in  which  the  same  is  liste<  > 
a  tax  not  exceeding  twenty  cents. 

*IV.  Upon  the  owner  of  every  omnibus,  sulky,  gig, 
buggy,  barouche,  carriage,  or  other  vehicle  used  in  the 
City  for  the  carriage  of  persons  (except  stage  coaches  for 
the  transportation  of  the  mail)  of  which  he  may  have 
been  in  possession  on  the  first  day  of  April  of  that  year,  a 
tax  not  exceeding  ten  dollars:  Provided ,  said  vehicles 
shall  be  exempt  from  the  ad  valorem  tax. 

V.  Upon  all  dogs  kept  in  the  City,  and  which  may  be 
so  kept  on  the  lirst  day  of  April,  a  tax  not  exceeding  five 
dollars:  Provided  however ,  That  a  discrimination  within 
this  limit  may  be  made  on  the  different  species  and  sexes 
of  dogs. 

VI.  Upon  all  swine  and  goats,  not  prohibited  by  the 
Aldermen  to  remain  in  the  City  when  confined,  a  tax  not 
exceeding  fifty  cents  a  head. 

VII.  Upon  all  drays  in  use  on  the  said  first  day  of 
April,  or  which  have  been  used  within  six  calendar 
months  previous  thereto,  a  tax  not  exceeding  ten  dollars 
a  year. 

VIII.  Upon  all  encroachments  on  the  streets  by 
porches, piazzas,  &c.,  allowed  by  the  Aldermen,  a  tax  not  ex¬ 
ceeding  one  dollar  per  square  foot. 

Sec.  58.  Tnat  the  citizens  of  Raleigh,  and  others  liable 
to  be  taxed  on  account  of  any  of  the  foregoing  subjects, 
shall,  on  the  first  day  of  April,  or  within  five  days  there¬ 
after,  render  to  the  Mayor,  on  oath,  a  list  of  their  proper- 


*Art.  VII.,  sec,  9,  of  the  Constitution  declares  that  “all  taxes  levied 
by  any  county,  city,  town  or  township,  shall  be  uniform  and  ad  valorem 
upon  all  property  in  the  same,  except  property  exempted  by  this  Con¬ 
stitution.  ’ ’  In  the  opinion  of  the  City  Attorney  subdivision  IV.  and 
VI.  are  in  conflict  with  this  section  and  are  void.  As  to  swine  and 
goats,  see  sec.  63,  sub.  VIII. 


Omnibuses,, 

Ac. 


On  hogs. 


On  swine,  Ac 


On  drays. 


<  n  encroaeit- 
rnen  f  k. 


Time  of  ren  ¬ 
dering  tax- 
lists.  Private 
Acts  1856- ’57, 
chap.  9.8,  sc.  46. 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


ty  and  subjects  for  which  they  may  be  liable  to  be  taxed ; 
and  if  any  person  shall  fail  to  render  such  list,  he  shall 
pay  double  the  tax  assessed  on  any  subject  for  which  he 
is  liable  to  be  taxed. 

ifi°Ss^orsi  *Sec.  54.  That,  within  one  week  after'reeeiving  the  tax 

Acts' i856-’57*  ^St>  the  Mayor  shall  return  the  same  to  the  Aldermen,  who 

a>ap.  98,  sec.  spaq  forthwith  appoint  three  respectable  freeholders,  one 
from  each  ward  of  the  City,  not  of  their  own  body,  as 
Assessors,  who  being  duly  sworn  before  the  Mayor,  to  do 
equal  and  impartial  justice  to  all  in  the  discharge  of  their 
duties,  shall  assess  the  cash  value  of  the  taxable  real 
estate  with  its  improvements,  lying  within  the  corporate 
limits  of  the  City,  and  they  shall  make  a  list  thereof,  to¬ 
gether  with  the  names  of  the  owners  thereof,  previous  to 
laying  the  tax,  and  return  it  to  the  Aldermen  on  or  before 
the  first  day  of  May  next  ensuing ;  and  the  value  of  the 
real  estate  of  the  Assessors  shall  be  assessed  by  the  Aider- 
men. 

proceedings  Sec.  55.  That,  as  soon  as  the  Assessors  shall  have  made 

to  lay  taxes.  ... 

Private  Acts  their  return,  the  Board  shall  proceed  to  lay  the  taxes  on 

1856-07,  chap.  r  J 

ii8,sec.  48.  such  subjects  of  taxation  as  they  may  choose,  and  shall 
place  the  tax  list  in  the  hands  of  the  Collector  for  collec¬ 
tion,  who  shall  proceed  forthwith  in  the  collection,  and 
shall  complete  the  same  on  or  before  the  first  day  of 
August  next  ensuing,  and  shall  pay  the  moneys  as  they 
are  collected,  to  the  Treasurer  ;  and  the  Collector,  for  his 
compensation,  shall  receive  five  per  cent,  on  the  amount 
collected. 


*By  a  decision  of  the  Supreme  Court,  a  similar  section  in  the  Wilming¬ 
ton  charter  is  declared  unconstitutional,  and  the  duty  oi  assessing  must 
he  performed  by  the  Board  of  Trustees  of  Raleigh  Township. — C.  C.  R. 
W.  vs.  The  City  of  Wilmington ,  72  N.  C.,  73. 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


25 


Sec.  56.  That  if  any  person  liable  to  taxes  on  subjects  ^yf^erseto 
directed  to  be  listed,  shall  fail  to  pay  them  within  the 
time  prescribed  for  collection,  the  Collector  shall  proceed 98,  aec' i9' 
forthwith  to  collect  the  same  by  distress  and  sale,  after 
public  advertisement  for  the  space  of  ten  days  in  some 
newspaper  published  in  the  City,  if  the  property  to  be 
sold  be  personalty,  and  of  twenty  days  if  the  property  be 
realty. 

Sec.  57-  That,  when  the  tax  is  due  on  anv  lot  or  other  sale  of  real 

v  estate  for 

land  (which  is  hereby  declared  to  be  a  lien  on  the  same)  ^xes^Priv. 
shall  remain  unpaid  on  the  first  day  of  August,  and  there  jhap.  49,  see. 
is  no  other  visible  estate  but  such  lot  or  land  of  the  per¬ 
son  in  whose  name  it  is  listed,  liable  to  distress  and  sale, 
known  to  the  Collector,  he  shall  report  the  fact  to  the  Al¬ 
dermen,  together  with  a  particular  description  of  the  real 
estate,  and  thereupon  the  A!dermen[shall  direct  the  same 
to  be  sold  on  the  premises  by  the  Collector,  after  adver-' 
tising  for  twenty  days  in  some  newspaper  published  in 
the  City,  which  the  Collector  shall  do ;  and  the  Collector 
shall  divide  the  said  land  into  as  many  parts  as  may  be 
convenient  (for  which  purpose  he  is  authorized  to  employ 
a  surveyor,)  and  shall  sell  as  many  thereof  as  may  be  re¬ 
quired  to  pay  said  taxes  and  all  expenses  attendant  there¬ 
on.  If  the  same  cannot  be  conveniently  divided,  the 
Collector  shall  sell  the  whole  ;  and,  if  no  person  will  pay 
the  whole  of  the  taxes  and  expenses  for  the  whole  land, 
the  same  shall  be  struck  off  to  the  City;  and,  if  not  re¬ 
deemed,  as  hereinafter  provided,  shall  belong  to  the  said 
City  in  fee. 

Sec.  58.  That  the  Collector  shall  return  an  account  of  collector  to 
his  proceedings  to  the  Aldermen,  specifying  the  portions onand^w,^ 
into  which  the  land  was  divided,  and  the  purchaser  or 
purchasers  thereof,  and  the  prices  of  each,  which  shall 
be  entered  on  the  book  of  proceedings  of  the  Aldermen, 
and  if  there  shall  be  a  surplus  after  paying  said  taxes,  the 
same  shall  be  paid  into  the  City  treasury,  subject  of  the 
the  demand  of  the  owner. 


CHARTER  OF  THE  CITY  OF  RALEKilT. 


2(> 


Owner  may 
redeem.  P'riv. 
Acts  18ti2-'<*'>, 
chap.  49,  see. 

TJ. 


If  not  redeem¬ 
ed,  to  be  con¬ 
veyed  in  fee. 
Private  Acts 
1856- \r>7,  chap. 
98,  sec.  a!!. 


Kea]  estate  of 
3  ma  n  is,  «&c. 
Private  Acts 
5S56-’57,  chap. 
9K,  sec.  54. 


New  streets, 
bow  to  be 
opened.  Priv. 
Acts  1862- ‘‘T#, 
chap.  49,  sec.  6. 


Hec.  59.  That  the  owner  of  any  land  sold  under  the 
provisions  of  this  charter  and  amendments,  his  heirs,  ex¬ 
ecutors,  and  administrators,  or  any  person  acting  for 
them,  may  redeem  the  same  within  one  year  after  the 
sale,  by  paying  to  the  purchaser,  the  sum  paid  by  him, 
and  twenty-live  percent,  on  the  amount  of  taxes  and  ex¬ 
penses,  and  the  Treasurer  shall  refund  to  him,  without 
interest,  the  proceeds,  less  double  the  amount  of  tuxes. 

Sec.  dO.  That  if  the  real  estate  sold,  as  aforesaid,  shall 
not  be  redeemed  within  the  time  specified,  the  corpora¬ 
tion  shall  convoy  the  same  in  full  to  the  purchaser  or  his 
assigns;  and  the  recitals  in  such  conveyance,  or  in  any 
other  conveyance  of  land  sold  for  taxes  due  the  City,  that 
the  taxes  were  due,  or  of  any  other  matter  required  to  be 
true  or  done,  before  the  sale  might  be  made,  shall  br 
prima  facia  evidence  that  the  same  was  true  and  done. 

Sec.  01.  That  the  real  estate  of  infants  or  persons  non 
compos  mentis ,  shall  not  be  sold  for  tax  ;  and  when  the 
same  shall  be  owned  by  such,  in  common  with  other  per¬ 
sons  free  of  such  disability,  the  sale  shall  be  made  accord¬ 
ing  to  Battle’s  Revisal,  chapter  one  hundred  and  two, 
section  twenty-eight,  subdivision  four 

Sec.  02.  That  when  any  land  or  right  of  way  shall  be 
required  by.  said  City  of  Raleigh  for  the  purpose  of  open¬ 
ing  new  streets,  or  for  other  objects  allowed  by  its  charter, 
and  for  want  of  agreement  as  to  the  value  thereof  the 
same  cannot  be  purchased  from  the  owner  or  owners,  the 
same  may  be  taken  at  a  valuation  to  be  made  by  five 
freeholders  of  the  City,  to  be  chosen  by  the  Aldermen  ; 
and  in  making  said  valuation,  said  freeholders,  after  be¬ 
ing  duly  sworn  by  the  Mayor,  or  a  Justice  of  the  Peace  for 
the  County,  or  a  Clerk  of  a  Court  of  Record,  shall  take  into 
consideration  the  loss  or  damage  which  may  accrue  to  the 
owner  or  owners  in  consequence  of  the  land  or  right  of 
way  being  surrendered,  also  any  special  benefit  or  ad¬ 
vantage  such  owner  may  receive  from  the  opening  of 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


27 


such  street  or  other  improvement,  and  shall  state  the 
value  and  amount  of  each,  and  the  excess  of  loss  or  dam¬ 
age  over  and  above  the  advantages,  shall  form  the  meas¬ 
ure  of  valuation  of  said  land  or  right  of  way  :  Provided 
nevertheless,  That  if  any  person  over  whose  land  the  said 
street  may  pass  or  improvement  be  erected,  or  the  Aider- 
men  be  dissatisfied  with  the  valuation  thus  made,  then, 
and  in  that  case,  either  party  may  have  an  appeal  to  the 
next  Superior  Court  of  Wake  county  to  he  held  there¬ 
after;  and  the  said  freeholders  shall  return  to  the  Court 
to  which  the  appeal  is  taken  their  valuation  with  the  pro¬ 
ceedings  thereon  :  and  the  land  so  valued  by  the  free¬ 
holders  shall  vest  in  the  City  so  long  as  it  may  be  used 
for  the  purposes  of  the  same,  as  soon  as  the  valuation 
may  be  paid  or  lodged  in  the  hands  ot  the  Clerk  of  the 
Superior  Court  in  case  of  its  refusal  by  the  owner  of  the 
land  ;  Provided ,  however ,  That  such  appeal  shall  not  hin¬ 
der  or  delay  -he  Aldermen  opening  such  street  or  erecting 
such  improvement;  And,  'provided further,  That  incase 
of  the  discontinuance  of  the  use  of  the  land  and  its  rever¬ 
ter  to  the  owner,  the  City  shall  have  the  right  to  remove 
any  improvement  under  its  authority  erected. 

Sec.  63.  That,  in  addition  to  the  subjects  listed  for  tax¬ 
ation,  the  Aldermen  may  levy  a  tax  on  the  following  sub¬ 
jects,  the  amount  of  which  tax,  when  fixed,  shall  be  collect¬ 
ed  by  the  City  Constable  instantly  :  and  if  the  same  be  not 
paid  on  demand,  the  same  may  be  recovered  by  suit  on 
the  articles  upon  which  the  tax  is  imposed,  or  any  other 
property  of  the  owner  may  be  forthwith  distrained  and 
sold  to  satisfy  the  same,  namely: 

I.  Upon  all  itinerant  merchants  or  peddlers,  vending  or 
offering  to  vend  in  the  Cit/y ,  a  tax  of  ten  dollars  a  year,  ex¬ 
cept  such  only  as  sell  books,  charts  or  maps,  and  such  as 
sell  only  goods,  wares  and  merchandise  and  other  produc¬ 
tions  of  the  growth  or  manufacture  of  this  State. 

II.  Upon  every  billiard  table  or  bowling  alley  or  other 
game  allowed  by  law,  and  every  victualling  house  or  res- 


Additiona! 
subjects  of 
taxation.  Pri¬ 
vate  Acts  1 856- 
’57,  chap.  98, 
sec.  f:5.  Priv. 
Acts  1862- ’63, 
chap. 49,  sec.  2. 


On  merchants 
or  peddlers, 
Ac. 


Billiard  ta¬ 
bles,  Ac. 


28 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


Retailers  of  li 
<iUor. 


Circuses. 


Theatricals. 


Exhibitions. 


Concerts,  <fre. 


Goats  or  hogs. 


Horse,  Mule, 
Sull. 


taurant,  established,  used  or  kept  in  the  City,  a  tax  not 
exceeding  fifty  dollars  a  year. 

III.  Upon  every  permission  by  the  Board  of  Aldermen 
to  retail  spirituous  liquors,  a  tax  not  exceeding  one  hun¬ 
dred  dollars. 

IV.  Upon  every  company  of  circus  riders,  who  shall  ex¬ 
hibit  within  the  City  or  within  one  mile  thereof,  a  tax  not 
exceeding  thirty  dollars  for  each  separate  exhibition ;  the 
tax  to  be  paid  before  the  exhibition,  and  if  not,  to  be 
double. 

V.  Upon  every  person  or  company  exhibiting  in  the 
City  or  within  one  mile  thereof,  stage  or  theatrical  plays, 
sleight  of  hand  performances,  rope  dancing,  tumbling, 
wire  dancing  or  menageries,  a  tax  not  exceeding  twen¬ 
ty  dollars  for  every  twelve  hours  allowed  for  exhibiting; 
the  tax  to  be  paid  before  exhibiting,  or  the  same  shall  be 
double. 

VI.  Upon  every  exhibition  for  reward  of  artificial  curi¬ 
osities,  (models  of  useful  inventions  excepted)  in  the  City, 
or  within  one  mile  thereof,  a  tax  not  to  exceed  twenty 
dollars,  to  be  paid  before  exhibition,  or  the  same  shall 
be  double. 

VII.  Upon  each  showr  or  exhibition  of  any  other  kind 
and  on  each  concert  for  reward,  and  on  every  strolling 
musician,  a  tax  not  exceeding  ten  dollars,  to  be  paid 
before  exhibition,  or  the  same  shall  be  double. 

VIII.  Upon  every  goat  or  hog  running  at  large  in  the 
City4,  there  may  be  levied  a  tax  not  exceeding  six  dollars, 
and  every  such  goat  or  hog  may  be  seized  and  impound¬ 
ed,  and  if  the  owner  on  being  notified,  will  not  pay  the  taxf 
the  animal  shall  be  sold  therefor,  at  such  place  as  the 
Aldermen  may  designate,  after  three  days  notice  at  the 
Court  House. 

IX.  Upon  every  horse  or  mule  or  bull  going  at  large,  a 
tax  not  exceeding  ten  dollars. 

X.  Upon  every  dog  which  may  be  brought  into  the 
City  after  the  first  day  of  April,  to  be  kept  therein,  a  tax 


3>ogs. 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


29 


not  exceeding  five  dollars  for  the  permission  to  keep 
such  dog  in  the  City,  which  permission  shall  not  extend 
further  than  the  last  day  of  March  next  ensuing.  Pro¬ 
vided  'nevertheless,  That  no  property  or  subjects  of  taxation 
which  are  specially  exempt  from  taxation  shall  be  taxed 
by  the  City. 

Sec.  64.  That  all  moneys  arising  from  taxes,  donations  iSgfJomtaxa- 
or  other  sources,  shall  be  paid  to  the  Treasurer, and  no  ap-  Acts 
propriation  thereof,  shall  be  made  but  by  a  Board  constitu-  57lap‘  °8,  btc' 
ted  of  a  majority  of  all  the  Aldermen. 

Sec.  65.  That  the  Aldermen  shall  cause  to  be  kept  clean  ktpTSean^ 
and  in  good  repair,  the  streets,  side-walks,  and  alleys.  S^T^^hap. 
They  may  establish  the  width  and  ascertain  the  location 98, 8ec* 581 
of  those  already  provided,  and  lay  out  and  open  others, 
and  may  reduce  the  width  of  all  of  them ;  they  may  also, 
establish  and  regulate  the  public  grounds  and  protect  the 
shade  trees  of  the  City. 

Sec.  66.  That  if  any  owner  or  lessee  of  lands  in  the  repair 
City  of  Raleigh  on  being  notified  to  repair  his  sidewalks ^vateAct* 
according  to  law,  shall  avow  his  intention  not  to  repair  ^26ec?i?hftp' 
as  ordered,  the  Aldermen  may  have  such  repairs  made 
immediately,  at  the  expense  of  the  said  owner  or  lessee. 

A  notice  of  ten  days  by  any  officer  of  the  City  in  waiting 
shall  be  sufficient  in  any  event. 

Sec.  67.  Where  there  are  no  sidewalks,  and  have  never  owner  to  pay 

portion  of  e* 

been  in  existence  in  convenient  walking  order  along  any 
lot  in  said  City,  the  owner  shall  be  required  to  pay  such  ^chap!^2' 
portion  of  the  expense  of  making  a  sidewalk  along  saidBec*2, 
lot  as  three  assessors,  unconnected  with  the  owner  and 
disinterested,  to  be  appointed  by  the  Aldermen,  may  esti¬ 
mate  that  said  property  is  benefited  by  the  improvement; 
such  expense  to  be  a  lien  on  the  property,  enforceable  as 
liens  for  repairing  sidewalks  under  existing  law's;  Pro¬ 
vided,  That  there  shall  be  right  of  appeal  by  either  party 
to  the  Superior  Court. 


CHARTER  OK  THE  CITY  OF  RALEIGH. 


t  i  mated  a  ai  -  '  Sec.  68.  Before  making  such  apportionment,  the  asses- 
pointed^Priv’.  sors  shall  appoint  a  day  when  they  shall  hear  parties  in- 


Acts  1872-’73, 
chap.  68,  sec. 


3.  terested  on  the  subject,  giving  at  least  three  days’  notice 


of  the  time  and  place  of  their  sitting.  From  their  de¬ 
cision  the  City  lot  owners  may  appeal  to  the  Superior 
Court  of  Wake,  but  the  Aldermen  may,  notwithstanding 
any  appeal  under  this  or  any  other  act,  proceed  with  the 
work  of  opening  and  grading  the  new  street. 


New  street  be-  Sec.  69.  That  the  Aldermen  of  the  City  of  Raleigh  are 

low  GrtVftr-  "  ° 


Prwatc  Act.?n  hereby  authorized  and  empowered  to  open  a  street  forty 


IS3  sec  ?hap'  wide  across  the  south  end  of  the  lot  upon  which  the 


Governor’s  Mansion  is  now  situated  :  Provided ,  the  afore¬ 
said  Aldermen  will  first  agree  to  enclose  the  property,  on 
both  sides  of  said  street,  with  a  good  plank  fence  and 
move  such  buildings  as  are  now  on  the  grounds  over 
which  said  street  may  run,  and  place  them  in  good  re¬ 
pair  on  another  side  to  be  designated  by  the  Treasurer. 
Provided  further,  That  the  aforesaid  Aldermen  of  the  City 
of  Raleigh  before  commencing  the  work  do  file  a  bond 
with  good  approved  security  for  the  sum  of  one  thousand 
dollars  for  the  faithful  performance  of  the  aforesaid  work, 
said  bond  to  be  filed  with  and  approved  by  the  State 
Treasurer. 


Sec.  70.  That  the  Board  of  Aldermen  of  the  City  of  Ral¬ 
eigh  shall  have  power  to  grade,  lay  out  in  walks,  plant 
with  trees,  shrubery  and  flowers,  and  otherwise  adorn 


Power  to 
grade  streets,  . 
adorn  side-  oil 
walks.  Pub.  5 
Acts  1871-’72,  vc  ] 
chap.  206,  see.  i 


Moore  Square  and  Nash  Square  in  said  City,  so  as  to  make 
them  ornamental  to  the  City,  and  to  that  end  they  shall 
have  the  general  charge  and  management  of  said  Squares. 
They  may  improve  in  like  manner  any  of  the  vacant  lots 
belonging  to  the  State  within  the  City  limits  not  other¬ 
wise  specially  appropriated. 


weii-behaved  Sec.  71.  Nothing  herein  contained  shall  be  construed 
1! awe  free  ac-  to  authorize  said  Aldermen  to  prevent  the  free  access 
liup  °*  well  behaved  persons  to  said  Square  and  lots,  ex  ¬ 


cept  at  unreasonable  hours,  or  for  some  temporary  pur¬ 
pose  specially  to  be  designated  by  the  Board. 


CHARTER  OF  THE  CITY  OF  R  A  LEIGH 


31 


Sec.  72.  That  the  Aldermen  may  grant  the  privi lege  £roctin*por- 
of  erecting  porches  or  piazzas  in  front  of  any  dwelling  Htreetfc”^aY. 
house  already  built  on  the  line  of  anv  public  street,  pro- 
viding  such  porch  or  piazza,  including  the  steps  thereof, 
shall  not  extend  more  than  six  feet  into  the  street:  And 
provided,  also,  That  no  bar  or  impediment  be  erected  un¬ 
der  or  upon  the  same  which  may  impede  the  air  or  view, 
and  every  such  encroachment  shall  be  measured  and  en¬ 
tered  on  their  journals  with  the  number  of  square  feet 
which  it  embraces. 

Sec.  73.  That  no  cellar  shall  be  built  under  any  side-  Act«  iSsc-w1/' 
walk  in  the  City,  or  entrance  established  on  the  sidewalk  ohap-98,seo^0* 
to  any  cellar  whereby  the  free  passage  of  persons  may  he 
delayed,  hindered  or  interrupted,  and  every  offender  here¬ 
in  shall  forfeit  and  pay  to  the  City  twenty-five  dollars  for 
every  day  the  same  may  remain. 

Sec.  74.  That  every  owner  of  a  lot,  or  person  having  as  private1  Acts 
great  an  interest  therein  as  a  lease  for  three  years,  which  SJtecS<!hap‘ 
shall  front  any  street  on  which  a  sidewalk  lias  been  estab¬ 
lished,  shall  improve,  in  such  manner  as  the  Aldermen 
may  direct,  such  sidewalk  as  far  as  it  may  extend  along 
such  lot ;  and,  on  failure  to  do  so  within  twenty  days  after 
notice  by  the  Constable  to  said  owner,  or  if  he  be  anon- 
resident  of  the  County  of  Wake,  to  his  agent  or  if  such 
non-resident  have  no  agent  in  said  County,  then,  after  ad¬ 
vertisement  for  twenty  days  on  such  lot,  and  at  the  Court 
House  door,  calling  on  the  owner  to  make  such  repairs, 
the  Alderman  may  cause  the  same  to  be  repaired  either 
with  brick,  stone  or  gravel  at  their  discretion,  and  the 
expense  shall  be  paid  by  the  person  in  default :  said  ex¬ 
pense  shall  be  a  lien  upon  said  lot,  and  if  not  paid  within 
six  months  after  completion  of  the  repairs,  such  lot  may 
he  sold,  or  enough  of  the  same  to  pay  such  expense  and 
costs,  under  the  same  rules,  regulations  aud  restrictions^ 
rights  of  redemption  and  savings  as  are  prescribed  in  said 
charter  for  the  sale  of  land  for  unpaid  taxes. 


32 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


Officers  not 
allowed  to  be 
contractors. 
Private  Acts 
1870-’71,  chap. 
24,  sec.  8. 


Abatement  of 
nuisances. 
Private  Acts 
l8G2-’63,  chap. 
49,  sec.  8. 


Dogs,  Ac.  run¬ 
ning  at  large. 
Private  Acts 
1856-57,  chap. 
98,  sec,  64. 


Riding  at  im¬ 
proper  speed. 
Private  Acts 
1862-’63,  chap. 
49,  sec.  9. 


Sec.  75.  That  no  Mayor  or  Aldermen,  or  other  officer  of 
the  City,  shall  directly,  or  indirectly,  become  a  contractor 
for  work  to  be  done  for  the  City  ;  and  any  person,  here¬ 
in  offending,  shall  be  guilty  of  a  misdemeanor. 

Sec.  76.  That  the  Aldermen  may  require  and  compel 
the  abatement  and  removal  of  all  nuisances  within  the 
City  at  the  expense  of  the  person  causing  the  same,  or  the 
owner  or  tenant  of  the  ground  whereon  the  same  may  be ; 
they  may  also  prevent  the  establishment,  within  the  City, 
and  may  regulate  the  same,  if  allowed  to  be  established, 
any  slaughter-house  or  place,  or  the  exercise  within  the 
City  of  any  offensive  or  unhealthy  trade,  business  or  em¬ 
ployment. 

Sec.  77,  That  the  Aldermen’shall  have  power  to  pre¬ 
vent  dogs,  horses,  cattle  and  all  other  brutes  from  running 
at  large  in  the  City. 

Sec.  78.  That  they  may  prohibit  and  prevent,  by  pen¬ 
alties,  the  riding  or  driving  of  horses  or  other  animals  at 
a  speed  greater  than  six  miles  per  hour,  within  the  City ; 
and  also  the  firing  of  guns,  pistols,  crackers,  gun-powder, 
or  other  explosive,  combustible,  or  dangerous  materials, 
in  the  streets,  public  grounds,  or  elsewhere  within  the 


City. 

Market.  Pri-  Sec.  79.  That  the  Aldermen  may  establish  and  regu- 

ACtfi  lofvr 

mc  c<jeap' late  ^ie  markets  and  prescribe  what  time  and  place,  with¬ 
in  the  corporation,  marketable  articles  shall  be  sold,  in 
what  manner,  whether  by  weight  or  measure,  may  be 
sold  grain,  meal,  flour,  (if  not  packed  in  barrels,)  fodder, 
hay,  or  oats  in  straw ;  may  create  scales  to  wTeigh  the 
same ;  appoint  a  weigh-master  and  fix  his  fees,  and  direct 
by  whom  they  shall  be  paid,  appoint  a  keeper  of  the 
market,  prescribe  his  duties  and  fees,  and  shall  also  have 
power  to  prevent  forestalling  and  regrating. 

Public  build-  Sec.  80.  That  they  may  establish  all  public  buildings 

Acts  i856-’57,  necessary  and  proper  for  the  City,  and  prevent  the  tree- 

chap.  98,  sec.  -  rr  •/  .  . 

tion  or  establishment  of  wooden  buildings  in  any  part  oi 
the  City  where  they  may  increase  the  danger  by  fire. 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


n 

Sec.  81.  That  they  may  provide  grave-yards  in  or  near  v'at'e  A c ts* 

the  City,  and  regulate  the  same;  may  appoint  and  pay  a 
keeper,  and  compel  the  keeping  and  returning  bills  of 
mortality ;  and  they  may  prohibit  interments  within  the 
City. 

Sec.  82.  That  they  may  provide  for  the  establishment,  F.ire  compa- 
organization,  equipment  and  government  of  fire  com- 
panies;  and,  in  all  cases  of  fire,  a  majority  of  such  of  the69* 
Aldermen  as  shall  be  present  may,  if  they  deem  it  neces¬ 
sary  to  stop  the  progress  of  the  fire,  cause  any  house  to  be 
blown  up  or  pulled  down ;  for  which  they  shall  not  be 
responsible  to  any  one  in  damages. 

Sec.  83.  That  they  may  take  such  measures  as  they  dise!2fs?apri- 
deeiri  effectual  to  prevent  the  entrance  into  the  City,  or  the  ^ehap?  Isf" 
spreading  therein,  of  any  contagious  or  infectious  disease, sec" '°* 
may  stop,  detain,  and  examine  for  that  purpose,  every 
person  coining  from  places  believed  to  be  infested  with 
such  disease,  may  establish  and  regulate  hospitals  within 
the  City,  or  within  three  miles  thereof;  may  cause  any 
person  in  the  City,  suspected  to  be  infected  with  such  dis¬ 
ease,  and  whose  stay  may  endanger  its  health,  to  be  re¬ 
moved  to  the  hospital,  may  remove  from  the  City,  or 
destroy  any  furniture  or  other  articles,  which  shall  be 
suspected  of  being  tainted  or  infected  with  contagious  or 
infectious  disease,  or,  of  which  there  shall  be  reasonable 
cause  to  apprehend  that  they  may  pass  into  such  a  state 
as  to  generate  and  propagate  disease  ;  may  abate  by  any 
reasonable  means  all  nuisances  which  may  be  injurious 
to  the  public  health. 

Sec.  84.  That  in  case  anv  person  shall  be  removed  to  Hosi)ital  ex* 

1  penscs.  Priv. 

the  hospital,  the  corporation  may  recover  before  the.^p^sec 
Mayor  or  any  Justice  of  the  Peace,  of  such  person,  the  1L 
expense  of  his  removal,  support,  nursing  and  medical  at¬ 
tendance,  and  burial  expenses,  also,  in  case  of  death. 

Sec.  85.  That  if  any  person  shall  attempt  by  force,  or  preveMtill^n- 
bv  threat  of  violence,  to  prevent  the  removal  to  the  hds-  St?!?'' 

0  chap.  98,  sec. 

72 


M 


CHARTER  OF  THE  COY  OF  RALEIGH. 


.Retail  li- 
«enses.  Pr:v. 
Acts  185H-’57, 
«-hap.  98,  sec. 


pital  of  any  person  ordered  to  be  conveyed  thither,  the 
person  so  offending,  shall  forfeit  and  pay  to  the  City  one 
hundred  dollars,  and  moreover  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  80.  That  it  shall  not  be  lawful  for  the  Commis¬ 
sioners  of  Wake  County  to  grant  any  license  to  retail 
spirituous  liquors,  within  the  limits  of  the  City  or  with¬ 
in  one  mile  thereof,  without  permission  first  obtained 
from  the  Board  of  Aldermen  in  being  at  the  time  of  the 
application  to  the  County  Commissioners;  and  if  any 
license  shall  be  granted  without  permission  in  writing- 
attested  by  the  Clerk  of  the  Board  and  exhibited  to  the 
County  Commissioners  and  filed  with  the  Clerk  of  the  Board 
of  County  Commissioners,  the  same  shall  be  utterly  void, 
and  the  person  obtaining  such  license  shall  be  liable  to  in  - 
dictment,as  in  other  cases  of  retailing  without  a  license, and 
for  any  offence  of  retailing,  shall  moreover  forfeit  and  pay 
to  the  City  the  sum  of  twenty  dollars. 

Aldermen  [Sec.  87.  That  the  corporate  authorities  of  the  several 

may  pro-  * 

Mbit  sale  of  cities  and  towns  of  this  State  shall  have  power  to  regu- 

wjparitousli-  1  ° 

Ordinances180  ^a^e>  restrain  or  prohibit  within  their  corporate  limits,  or 

1862,  chap.  2°,  wjthin  one  mile  thereof,  the  sale  of  spirituous  liquors : 

Provided ,  nevertheless ,  That  when  any  tax  shall  have  been 
paid  for  an  annual  license,  it  shall  be  the  duty  of  the 
Aldermen  to  make  a  pro  rata  compensation  for  such  time 
as  such  license  shall  be  suspended. 

renaiting  for  gEC  33  That  for  the  violation  of  any  by-law,  or  rule 

violating  city  J  J  ’ 

ordinances,  made  by  said  Aldermen,  in  pursuance  of  [the  foregoing 

isss^chap.  20,  3ectjon^  they  may  prescribe  penalties  not  exceeding  one 
hundred  dollars  for  each  offense,  to  be  recovered  before 
the  Mayor,  Intendant  or  Magistrate  of  Police,  without  any 
stay  of  process,  mesne  or  final,  and  when  judgment  shall 
be  given  for  any  such  penalty,  the  party  convicted  may, 
unless  the  penalty  and  costs  be  paid,  be  immediately 
committed  to  jail  for  the  space  of  thirty  days,  or  until 
payment  thereof  shall  be  made,  or  else  the  Mayor,  Inten- 


CHARTER  OF  THE  CXT?  OF  RALEIGH. 

<lant  or  Magistrate  of  Police  may  issue  execution  therefor: 

Provided ,  That  any  party  dissatisfied  with  such  judg¬ 
ment,  shall  be  allowed  an  appeal  to  the  next  Superior 
•Court  for  the  County,  upon  entering  into  recognizance 
with  sufficient  security  for  his  appearance  to  said  Court, 

-and  also  for  the  penalty  and  costs.] 

Sec.  89.  That  all  penalties  incurred  by  any  minor  for  miSorH^pItr. 
the  breach  of  any  of  the  provisions  of  this  act  or  any  or-^j,1^^: 
finance  passed  in  pursuance  thereof,  shall  be  recovered 
from  the  parent,  guardian,  or  master,  (if  the  minor  be  an 
-apprentice)  of  such  minor. 

Sec.  90.  That  all  penalties  imposed  by  law,  relating  to  J>eecIj)^^how 
the  City  or  by  this  act,  by  any  ordinance  of  the  City,  uu- 
less  otherwise  provided,  shall  be  recoverable  in  the  name  98,  sec,7<>* 
of  the  City  of  Raleigh,  before  the  Mayor  or  any  tribunal 
having  jurisdiction  thereof. 

Sec.  91.  That  the  Aldermen  shall  not  have  power  to  Penalty  not  , 

1  be  larger  tl,  un 

impose  for  any  offence,  a  larger  penalty  than  twenty-five  ^nars^priM 
dollars,  unless  the  same  be  expressly  authorized,  and  from  1^6^7r 
Any  judgment  of  the  Mayor  for  any  penalty  which  isim-77- 
posed  or  allowed  to  be  imposed  by  this  act,  or  for  other 
cause  of  action  herein  allowed,  the  party  dissatisfied  may 
appeal  in  like  manner  and  under  the  same  rules  and  reg¬ 
ulations  as  are  prescribed  for  appeals  from  the  judgment 
of  a  Justice  of  the  Peace. 

Sec.  92.  That  the  Mayor  shall  be  entitled  to  the  fol-  Mayor’s  aw*. 
lowing  fees  in  cases  herein  enumerated,  whereof  he  may 
have  jurisdiction  as  Mayor  :  for  every  warrant  issued  by 
him  for  the  recovery  of  any  penalty  or  for  other  cause  of 
action,  twenty-five  cents ;  for  every  judgment  rendered 
thereon,  one  dollar,  to  be  taxed  among  the  costs ;  for 
every  warrant  issued  by  him  as  Mayor  to  apprehend  an 
offender  against  the  criminal  laws  of  the  State,  under 
which  he  may  be  arrested  and  recognized  to  appear  be¬ 
fore  a  Court  of  Record,  one  dollar,  to  be  taxed,  on  sub¬ 
mission  or  conviction  of  the  offender,  among  other  costs ; 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


m 

for  every  warrant  to  arrest  individuals  who  may  have 
fled  from  other  States  or  counties,  two  dollars,  to  be  paid 
on  removal  of  offender  by  such  as  may  convey  him  away 
for  the  use  ©f  the  City  seal  for  other  than  City  purposes, 
one  dollar  ;  for  every  certificate  for  other  than  for  City 
purposes,  fifty  cents. 

SEC*  93.  [That  in  all  cases  where  judgments  may  be  en- 
tered  against  any  person  or  persons  for  fines  or  penalties* 
i  ifap.1  Ki'  seri  i  according  to  the  laws  and  ordinances  of  any  incorporated 
town,  and  the  person  or  persons,  against  whom  the  same 
is  adjudged,  refuses  or  is  unable  to  pay  such  judgment,  it 
may  and  shall  be  lawful  for  the  Mayor  before  whom  such 
judgment  is  entered,  to  order  and  require  such  person  or 
persons  so  convicted,  to  work  on  the  streets  or  other  pub¬ 
lic  works  until,  at  fair  rates  of  wages,  such  person  or  per¬ 
sons  shall  have  worked  out  the  full  amount  of  the  judg¬ 
ment  and  costs  of  the  prosecution.] 

Sec.  94.  That  no  offence  cbmmitted  and  no  penalties 
fiTv.  and  forfeitures  incurred  under  any  of  the  acts  or  or- 
ctisAp.  sec!  dinances  hereby  repealed,  and  before  the  time  when  such 
repeal  shall  take  effect,  shall  be  affected  by  the  repeal,  ex¬ 
cept  that  when  any  punishment,  penalty  or  forfeture 
shall  have  been  mitigated  by  the  provisions  of  the  act* 
such  provisions  may  be  extended  and  applied  to  any 
proviso,  judgment,  to  be  pronounced  after  the  repeal  :  Provided , 
That  no  suit  or  prosecution  pending  at  the  time  of  the  re¬ 
peal  for  any  offence  committed,  or  for  any  penalty  or  for¬ 
feitures  incurred  under  any  of  the  acts  or  ordinances 
hereby  repealed,  shall  be  affected  by  such  repeal  :  Provi- 
omeer hoM-  dedjurther,  That  no  law  heretofore  repealed,  shall  be  re¬ 
vived  by  the  repeal  of  any  act  repealing  such  law  :  And 
provided  lastly,  That  all  persons  who,  at  the  time  when  the 
said  repeal  shall  take  effect,  shall  hold  any  office  under 
any  of  the  acts  hereby  repealed,  shall  continue  to  hold 
the  same  according  to  the  tenure  thereof,  except  those  of¬ 
fices  which  may  have  been  abolished,  and  those  as  to 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


which  a  different  provision  shall  have  been  made  by  this 
act. 

Sec.  95.  That  the  City  of  Raleigh  may  convey  lands 
and  all  other  property  which  is  transferable  by  deed,  by 
deed  of  bargain  and  sale  or  other  proper  deed,  sealed  with 
the  common  seal,  signed  by  the  Mayor  and  two  members 
of  the  corporation,  and  attested  by  a  witness. 

Sec.  96.  [That  the  Mayor  and  a  majority  of  the  Com¬ 
missioners  of  any  incorporated  City,  town  or  village  in  the 
State  shall  have  power,  at  all  times  to  sellat  public  outcry 
<after  thirty  days’ notice,)  to  the  highest  bidder,  any  prop¬ 
erty,  real  or  personal,  belonging  to  the  City,  and  apply  the 
aneans  as  they  may  think  best.  The  Mayor  of  any  village, 
&own  or  City,  <&c.,  is  fully  authorized  to  make  title  to  any 
property  sold  under  this  act.  Battle’s  Revisal,  Chapter 
111,  Sec.  35  and  37.] 

Sec.  97.  That  any  person  or  persons,  violating  any  or¬ 
dinance  of  the  City,  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and  shall  be  subject  to  the  provisions  of  chapter 
•one  hundred  and  eleven  of  Battle’s  Revisal,  entitled 
“Towns.” 

Sec.  98,  [Debts  contracted  by  a  municipal  corporation 
in  pursuance  of  authority  vested  in  it,  shall  not  be  levied 
out  of  any  property  belonging  to  the  City  and  used  by  it 
in  the  discharge  and  execution  of  its  corporate  duties 
and  trusts,  nor  out  of  the  property  or  estate  of  any  indi¬ 
vidual  who  may  be  a  member  of  such  corporation  or  may 
liave  property  within  the  limits  thereof.  But  all  such 
debts  shall  be  paid  alone  by  taxation  upon  subjects  prop¬ 
erly  taxable  by  such  corporation ;  Provided  however ,  that 
\Vhenever  any  individual  by  his  contract,  shall  become 
bound  for  such  debt,  or  any  person  may  become  liable 
therefor  by  reason  of  fraud,  such  person  may  be  subjected 
to  pay  such  debts  according  to  the  course  of  the  law  in 
other  cases.  Battle’s  Revisal,  chap.  Ill,  Sec.  32.] 


May  convey 
lands,  Ac.  Pri¬ 
vate  Acts  lSoti- 
’57,  chap.  ftS, 
sec.  85. 


City  property 
sold  at  public 
outcry,  Public 
Acts  1872-’7Jit 
chap.  112,  sec, 
1  and  3. 


Violations  of 
any  ordinan¬ 
ces,  a  misde¬ 
meanor.  Cub. 
Acts  1871 -’72, 
chap.  195,  sec  2. 


City  debts. 
Public  Acts 
1870-71,  chap. 
99,  sec.  1. 


m 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


Officer*  shall 
f«rtt  property 
•n’ertosuccefc- 
K«jr«.  Public 
Arts  1870- ’71, 
177,  sec  I, 


Tatx  lists  to  be 
jcut  rendered. 
Public  Acts 
187t‘-571,  cbap. 
177.  sec.  2. 


Board  forbid¬ 
den  to  use 
money  to  pre¬ 
vent  ratifica¬ 
tion,  <S?c.,  of 
charter.  Acts 
1874-*75,  chap. 
HO,  sec.  1. 


Borrow  mon¬ 
ey.  Priv.  Acts 
IS70-7I.  chap. 
oA,  sec. 7. 


Sec.  99  [All  municipal  officers,  Mayors,  Aldermen,. 
Commissioners,  and  tax  Collectors  of  any  town  or  City,  who 
shall  on  demand,  fail  to  turn  over  to  their  successors  m 
office,  the  property,  books,  moneys,  seals,  or  effects,  of 
such  town  or  City,  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and  upon  conviction,  before  the  Superior  Court 
of  the  County  in  which  said  town  or  City  is  located,  shall 
be  imprisoned  for  not  more  than  five  years,  and  fined 
not  exceeding  one  thousand  dollars,  at  the  discretion  of 
the  Court. 

Sec.  100.  All  tax  lists,  which  have  or  may  hereafter  be 
placed  in  the  hands  of  the  Tax  Collector,  shall  he,  at  all 
times,  subject  to  the  control  of  the  authorities  imposing 
the  tax,  and  subject  to  he  corrected  or  altered  by  them., 
and  shali  be  open  for  inspection  by  the  public,  and,  upon 
demand  of  the  authorities  imposing  the  tax,  or  their  suc¬ 
cessors  in  office,  shall  he  surrendered  to  the  authorities 
for  such  inspection  or  correction,  and  if  the  Tax  Collector 
fail  or  refuse  to  surrender  his  list  upon  such  demand,  her 
shall  he  deemed  guilty  of  a  misdemeanor,  and  upon  con¬ 
viction,  be  subject  to  the  penalties  imposed  by  the  preceding 
section.  Battle’s  Revisal,  Chapter  111,  Sec.  33  and  34.]* 

Sec.  101.  [  The  Board  of  Commissioners  or  other  au¬ 
thorities  of  any  City  or  town  in  this  State,  he,  and  they 
are  hereby  forbidden  to  appropriate  or  use  the  moneys,, 
of  funds  of  such  City  or  town,  for  the  purpose  of  prevent¬ 
ing  the  ratification  or  acceptance  or  carrying  into  opera¬ 
tion  of  any  Charter  or  Amendment  to  any  Charter  enacted 
by  this  General  Assembly.] 

Sec.  102.  That  the  Board  of  Aldermen  may  borrow 
money  only  by  the  consent  of  a  majority  of  the  qualified 
registered  voters,  which  consent  shall  he  obtained  by  a 
vote  of  the  citizens  of  the  corporation  after  thirty  days, 
public  notice,  at  which  time,  those  who  consent  to  the 


*See  Note  to  Section  54. 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


X) 


same  shall  vote  “approved/’  and  those  who  do  not  con¬ 
sent  shall  vote  “  not  approved.” 

Sec.  103.  [That  all  claims  against  the  several  Co u n *  presented ^ 
ties,  Cities  and  towns,  of  this  State,  whether  by  bond  or  after 
otherwise,  shall  be  presented  to  the  Chairman  of  the  pubn^Acts 
Board  of  County  Commissioners,  or  to  the  chief  officers  243,  sec’.  1.  ap* 
of  said  Cities  and  towns,  as  the  case  may  be,  within  two 
years  after  the  maturity  of  such  claim  or  claims,  or  the 
holders  of  such  claim  or  claims  shall  be  forever  barred 
from  a  recovery  thereof :  Provided,  That  all  claims 
which  have  already  matured  and  become  due  shall  be 
presented  on  or  before  the  first  day  of  January  Anno 
Domini  one  thousand  eight  hundred  and  seventy-seven, 
or  the  holders  thereof  shall  be  forever  barred  of  a  recov¬ 
ery  thereof. 


Sec.  104.  That  it  shall  be  the  duty  of  the  Chairman  Registry  or 
of  the  Board  of  County  Commissioners  of  the  several 
Counties  or  the  chief  officers  of  the  several  Cities  and 
towns  to  cause  the  nature,  amount,  date  and  time  of  ma¬ 
turity  of  all  claims  so  presented  to  be  recorded  in  a  book 
kept  for  that  purpose,  and  to  be  called  “  The  Registry  of 
Claims.”] 

Sec.  105.  That  for  the  purpose  of  paying  the  present  in  bondsSSTriv< 
debtedness  of  the  City  of  Raleigh,  and  also  for  meeting 
the  expense  of  improvements  to  be  made  for  the  same, 
the  said  City  is  hereby  authorized  and  empowered  to  is¬ 
sue  bonds  severally  of  such  sums  or  denomination,  pay¬ 
able  at  such  time  or  times  respectively,  drawing  interest 
at  such  rate,  not  exceeding  eight  per  cent,  per  annum, 
payable  half  yearly,  of  such  form  and  tenor,  and  transfer¬ 
able  in  such  way  as  the  Board  of  Aldermen  of  said  City 
shall  deem  most  judicious.  The  said  bonds  so  to  be  is¬ 
sued,  shall  be  disposed  of  upon  the  best  terms  practicable  : 

Provided,  That  said  bonds  be  of  the  denomination  of  one 
hundred,  and  five  hundred,  and  one  thousand  dollars  re¬ 
spectively,  and  in  such  proportion  as  may  be  deemed  ad- 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


40 


visable  :  And  provided  further ,  That  said  loan  shall  not 
exceed  fifty  thousand  dollars,  and  the  bonds  having  twen¬ 
ty  years  to  run. 

Payment  of  Sec.  106.  That  the  Board  of  Aldermen  of  the.  City  of 

principal  and  J  ■ 

VateActs  lees-  Raleigh  are  hereby  authorized  and  empowered,  and  it 
■m,  chap,  n,  s}iau  t)0  their  duty  to  provide  for  the  payment  as  well  of 
the  principal  money,  as  also  of  the  accruing  interest  of 
the  bonds  to  be  issued  under  the  power  granted  in  the 
preceding  section,  by  annually  laying  particular  taxes  for 
these  .special  purposes,  on  all  the  persons  and  subjects  of 
taxation  on  which  said  Board  of  Aldermen  now  are  or 
hereafter  may  be  authorized  to  lay  taxes  for  any  purpose 
whatever,  and  such  taxes  shall  be  collected  and  specially 
and  exclusively  applied  to  the  satisfaction  and  discharg¬ 
ing  of  the  interest,  and  also  of  the  principal  money  of 
such  bonds,  and  so  much  thereof  as  may  not  be  annually 
required  to  pay  such  interest,  and  cannot  be  applied  in 
discharge  of  the  principal  money  of  said  bonds,  shall  be 
so  invested  as  to  secure  the  payment  of  such  principal 
omimussior-  money  upon  maturity  of  said  bonds.  For  the  purpose  of 
ie(*nd7  Se°  °  answering  the  due  investment  of  the  amount  to  be  col¬ 
lected  from  year  to  year,  and  applicable  to  the  payment 
of  principal  money  of  said  bonds,  the  Board  of  Aldermen 
aforesaid  shall  appoint  some  suitable  person  to  be  styled 
Commissioner  of  the  Sinking  Fund  of  the  City  of  Ral¬ 
eigh,”  whose  duty  shall  be,  under  such  general  rules  and 
regulations  as  said  Board  of  Aldermen  shall,  from  time 
to  time  prescribe,  to  make  investments  of  so  much  of  the 
taxes  collected  as  aforesaid  as  shall  be  applicable  as  afore¬ 
said  to  the  payment  of  the  principal  money  of  said  bonds, 
and  to  do  and  perform  all  such  other  services  in  connec¬ 
tion  with  the  debt  of  the  City  of  Raleigh,  as  said  Board 
of  Aldermen  may  prescribe,  and  such  Commissioner  shall 
give  bond,  and  receive  such  compensation  for  his  servi¬ 
ces  as  said.  Board  of  Aldermen  may  determine. 


fioml. 


CHARTER  OF  THE  CITY  OF  RALEIGH. 


41 


Sec.  107.  That  none  of  the  bonds  authorized  to  be  is- 
aued  by  the  106th  section  of  this  act,  shall  be  disposed  of  SS& 
either  by  sale,  exchange  or  otherwise,  for  any  purpose  44‘  s^‘‘ 
whatsoever,  other  than' that  declared  in  said  section  ;  nor 
shall  any  of  said  bonds  be  applied  either  by  sale,  exchange 
or  otherwise,  in  satisfaction,  discharge  or  renewal  of  any 
one  of  the  class  of  debts  referred  to  in  said  section,  Until 
such  debt  shall  have  been  first  duly  audited  and  approved 
by  the  Board  of  Aldermen  of  the  City  of  Raleigh. 

*Sec.  108.  The  provisions  of  tliis  act  [sections  106,107  and  £d  toqiiui-*” 
108]  shall  be  submitted  to  a  vote  of  the  qualified  voters  of  the  pr?vateA«t,s 
City  of  Raleigh  at  an  election  to  be  held  at  the  Court  House 
in  said  City  at  a  day  to  be  designated  b}r  the  Aldermen 
thereof,  which  shall  not  be  less  than  thirty  days  after  the 
ratification  of  this  act.  Those  approving  the  provisions  of 
this  act,  shall  deposit  in  the  ballot-box,  a  slip  folded,  con¬ 
taining  the  printed  or  written  word  “approved.”  Those 
disapproving  the  same,  shall  deposit  a  like  ballot  with  the 
words  “not  approved.”  If  a  majority  shall  vote  “approv¬ 
ed,”  it  shall  be  deemed  and  held  that  a  majority  of  the 
qualified  voters  are  in  favor  of  giving  the  Aldermen  au¬ 
thority  to  issue  the  bonds  of  the  City  as  mentioned  in 
this  act,  and  like  wise  to  levy  and  collect  the  necessary 
taxes  to  pay  the  interest  and  principal  of  said  bonds  as 
above  mentioned.  If  a  majority  of  said  voters  shall  vote 
“not  approved,”  then  this  act  shall  be  of  no  effect.  Those 
qualified  to  vote  for  Mayor  and  Aldermen  of  said  City 
and  none  others,  shall  be  allowed  to  vote,  and  the  election 
shall  be  held  and  returns  made,  under  such  rules  and 
regulations  as  exist  in  case  of  election  of  civil  officers.  It 
shall  be  the  duty  of  the  Mayor  to  cause  a  copy  of  this  act 
to  be  posted  at  the  Court  House  door, and  to  be  published 
in  the  Raleigh  Standard  and  Sentinel  daily,  for  twenty 


*N.  B. — This  issue  of  bonds  has  been  submitted  to  a  vote  of  the  qual¬ 
ified  voters  and  a  majority  voted  “approved, ’’ 


CHARTER-  OF  THE  CITY  OF  RALEIGH. 


days  preceding  the  election,  and  he  shall  publish  in  like 
manner,  a  notice  of  the  election.  Public  notice  shall  be 
given  of  the  result  of  the  election.  The  Aldermen 
shall  have  power,  consistently  with  the  law  of  the  State, 
to  provide  for  the  registration  of  voters,  and  to  take  all 
measures  necessary  and  proper  for  holding  the  election  as 
contemplated  in  section. 


APPENDIX 

(1.)  “  ACT  TO  AUTHORIZE  INCORPORATED  TOWNS  AND  CITIES- 
TO  ESTABLISH  SYSTEMS  OF  PUBLIC  -SCHOOLS. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the 
St, ate  of  North  Carolina ,  and  it  is  hereby  enacted  by  the 
iiiithority  of  the  same,  That  the  Mayor,  Intendant  or 
other  chief  officer  of  any  City  or  incorporated  town  of  the- 
State,  shall  be  authorized  to  take  the  sense  of  those  qual¬ 
ified  to  vote,  in  the  town  or  City  elections,  as  to  the  pro¬ 
priety  of  establishing  one  or  more  Public  Schools  to  be 
supported  by  the  taxes  collected  or  authorized  to  be  col¬ 
lected  for  corporation  purposes;  and  the  said  Mayor,  In¬ 
tendant  or  ether  Chief  officer  shall  give  public  notice  of 
said  election  in  the  papers  published  in  the  corporation, 
and  if  there  be  none,  by  posters,  in  three  public  places  in 
each  ward,  at  least  twenty  days  before  the  election.  And 
the  Mayor,  Intendant  or  other  Chief  officer,  shall  make 
known  the  result  of  said  vote  by  public  proclamation, 
and  shall  cause  the  whole  proceedings  to  be  recorded  by 
the  Clerk  of  the  Corporation. 

Sec.  2.  Be  it  further  enacted ,  That  if  a  majority  of 
the  votes  given  in  any  election, held  as  above,  shall  be  in 
favor  of  Public  Schools,  the  Mayor,  Intendant  or  other 
Chief  officer  of  the  corporation,  shall  cause  an  election  to 
be  to  be  held  for  School  Commissioners,  one  of  whom, 
shall  be  chosen  for  each  ward  of  the  corporation,  and  ‘ 
from  those  entitled  to  vote  in  the  elections  of  the  corpo¬ 
ration  ;  of  w7hich  election  the  Mayor  or  other  Chief  officer 
shall  give  ten  days  notice,  in  three  public  places  in  each 
ward,  and  the  said  Commissioners,  after  the  election,  shall 
hold  their  offices  until  the  succeeding  day  for  the  election 
of  tow  n  officers,  and  until  their  successors  are  chosen,  and' 


44 


APPENDIX. 


every  succeeding  election  for  School  Commissioners  shall 
he  on  the  day  for  the  election  of  Mayor  or  Intendant,  and 
lor  one  year,  and  until  their  successors  are  chosen. 

Sec.  3.  Be  it  further  enacted ,  That  the  Commissioners 
.  so  elected,  with  the  Mayor,  Intendant  or  other  Chief  officer 
of  the  corporation,  shall  constitute  a  board,  of  whom  the 
Mayor  or  other  Chief  officer  of  the  corporation  shall  be 
ex-officio  Chairman,  whose  duty  it  shall  be  to  manage  the 
whole  system  of  Public  Sehools  of  the  corporation,  to  se¬ 
lect  and  engage  buildings  for  the  said  Schools,  to  deter¬ 
mine  the  number  and  character  of  the  Schools,  to  employ 
teachers,  appoint  visitors,  and  to  do  such  other  acts  as 
are  neccessary  to  the  success  of  the  Schools  and  consist¬ 
ent  with  the  purposes  of  this  act,  and  every  such  Com¬ 
missioner,  who  shall  accept  an  appointment,  as  such,  and 
fail  to  discharge  the  duties  of  his  office,  shall  forfeit  and 
pa}r  a  fine  of  ten  dollars,  to  be  collected  as  other  penal¬ 
ties,  and  paid  to  the  Town  Treasurer,  for  the  use  of  the 
Public  Schools. 

Sec.  4.  Be  il  further  enacted,  That  in  every  town  or  City 
in  the  State  voting  in  favor  of  Public  Schools,  the  Mayor, 
Intendant  or  other  Chief  officer,  shall  call  a  meeting  of 
the  authorities  of  said  corporation,  and  cause  to  be  pre¬ 
pared  for  the  Board  of  School  Commissioners,  a  statement 
of  the  amount  appropriated  by  said  authorities  for  Pub¬ 
lic  Schools,  and  such  a  statement  shall  be  annually  fur¬ 
nished  to  the  Board  of  School  Commissioners  within  five 
days  from  their  election. 

Sec.  5.  Be  it  further  enacted ,  That  the  authorities  of 
Cities  and  incorporated  towns,  establishing  PublicSchools 
according  to  the  provisions  of  this  act,  shall  be  required 
to  set  apart  all  the  funds  of  said  corporation  that  can  be 
spared  from  other  purposes,  required  by  their  charters 
and  laws  passed  in  accordance  herewith  [therewith],  for 
educational  purposes,  and  in  addition  to  the  powers' of 
taxation,  with  which  they  are  already  invested,  they 


APPENDIX. 


41) 

shall  be  authorized  to  levy  and  collect  a  poll  tax  on  every 
[white]  male  inhabitant  of  the  corporation,  over  twenty- 
one  years  old,  of  not  more  than  two  dollars,  to  be  wholly 
appropriated  to  the  use  of  the  Public  Schools. 

Sec.  Be  it  further  enacted ,  That  the  Treasurer  of  the 
corporation  establishing  a  system  of  Public  Schools  ac¬ 
cording  to  the  act,  shall  be  Treasurer  of  the  School  fund, 
liable  on  his  bond  for  it,  that  he  shall  keep  said  fund  and 
its  accounts  separate,  and  shad  make  an  annual  report  in 
regard  to  the  receipts  and  disbursments  of  School  moneys, 
at  the  time  and  under  the  regulations  in  force  when  he 
rendered  his  statement  of  other  public  funds,  and  all 
payments  for  the  Schools  shall  be  made  on  drafts,  signed' 
by  the  Chairman  of  the  Board  of  Commissioners,  coun¬ 
tersigned  by  the  Clerk  or  Secretary. 

Sec.  7.  Be  it  further  enacted,  That  the  Clerk  of  the  town 
or  Cit}r,  establishing  a  system  of  Public  Schools,  shall  be 
ex-officio  Secretary  of  the  Board  of  School  Commissioners., 
and  shall  discharge  the  duties  of  such  under  a  penalty  of 
ten  dollars  for  every  failure,  to  be  collected  as  other  fines 
and  paid  to  the  School  fund  ;  and  if  there  be  no  such- 
Clerk  in  the  corporation,  the  Board  of  School  Commis¬ 
sioners  shall  elect  one  of  their  own  number  Secretary,  and' 
it  shall  be  the  duty  of  the  Secretary  to  attend  all  meet¬ 
ings  of  the  Board,  to  record  its  proceedings  in  a  book 
kept  for  that  purpose,  to  issue  notices,  countersign  war¬ 
rants,  and  have  his  records  open  to  the  public  inspection, 
and  he  may  receive  for  his  services  such  compensation  as 
the  Board  may  allow. 

Sec.  8.  Be  it  further  enacted ,  That  it  shall  be  the  duty 
of  the  Board  of  School  Commissioners  in  every  town  or, 
City,  to  number  the  [white]  children  of  the  corporation  be¬ 
tween  the  ages  of  6  and  21,  and  as  soon  as  they  receive  a 
statement  of  the  amount,  of  money  appropriated  on  Schools 
for  any  one  year,  to  provide  first  for  primary  Schools  for 
all  the  children  who  need  them, and  if,  after  such  provision. 


APPENDIX. 


m 

there  be  other  funds,  they  may  be  used  for  Schools  of  higher 
grade,  and  all  the  white  children  of  the  corporation,  be¬ 
tween  the  age  of  6  and  21  shall  be  entitled  to  enter  the 
Public  Schools  which  they  are  qualified  to  enter  :  P/o- 
vided,  that  the  grades  in  the  School  shall  regularly  ascend, 
and  the  School  Commissioners  shall  be  required  to  estab¬ 
lish  the  lowest  first,  and  next  the  Schools  of  the  next 
higher  grade,  and  so  on  upward. 

Sec.  9.  Be  it  further  enacted,  That  the  School  Commis¬ 
sioners  of  each  corporation  shall  make  a  quarterly  state¬ 
ment,  to  the  town  or  City  authorities,  of  the  condition  of 
the  Schools,  and  to  be  filed  with  corporation  records,  and 
annually  one  month  before  the  expiration  of  their  term 
of  office,  shall  make  a  detailed  report  of  all  the  operations, 
stating  the  number  of  [white]  children  in  the  corpora¬ 
tion  between  the  age  of  6  and  21,  the  sums  expended  for 
JSchool  purposes,  the  number  and  grade  of  the  Schools, 
the  attendance  on  each,  the  salary  paid  Teachers,  and 
other  such  facts  concerning  the  Schools  as  may  be  im¬ 
portant,  which  report  shall  be  published,  before  the  next 
election,  in  the  paper  of  the  corporation,  and  if  there  be 
none  such,  in  pamphlets  or  hand-bills,  and  a  copy  shall 
be  filed  with  the  Secretary  of  the  Board,  and  one,  au¬ 
thenticated  by  the  seal  of  office  of  the  Clerk  of  the  County 
[Superior]  Court,  sent  to  the  Governor  ©f  the  State. 

Sec.  10.  Be  it  further  enacted ,  That  the  authorities  of 
every  corporation  establishing  a  system  of  Public  Schools, 
shall  be  authorized  to  receive,  buy,  lease,  sell  and  convey 
for  School  purposes,  real  and  personal  property  :  to  hold 
such  property  in  trust  for  the  Schools,  and  to  sue  for  in¬ 
juries  or  trespass  on  the  same. 

Sec.  11.  Be  it  further  enacted ,  That  this  act  shall  be  in 
force  from  and  after  its  ratification. 

Acts  1866-7,  chap.  XIY.  Ratified  February  2 8th,  1867. 


APPENDIX. 


47 


(2.)  “  AN  ACT  TO  PROTECT  THE  CITY  OF  RALEIGH  FROM  AC¬ 
CIDENT  BY  FIRE. 

Sec.  1.  That  the  City  of  Raleigh  shall  have  power  to 
issue  and  sell  bonds  of  the  corporation  bearing  a  rate  of 
interest  not  exceeding  eight  per  cent.,  the  denominations, 
description,  (whether  coupon  or  otherwise,)  length  of  time 
to  run  and  other  incidents  thereof  to  be  determined  by 
the  Aldermen  of  said  City,  said  bonds  not  to  exceed 
in  the  aggregate  fifteen  thousand  dollars:  Provided ,  That 
said  bonds  shall  not  be  sold  at  a  discount  greater  than 
fifteen  per  cent. 

Sec.  2.  The  proceeds  of  the  sale  of  such  bonds  shall 
be  applied  to  the  making  of  at  least  thirty  cisterns  in  said 
City,  to  be  located  at  such  points  as  the  Aldermen  may 
determine,  the  same  to  be  used  for  the  purpose  of  holding 
a  supply  of  water  ready  for  the  extinguishment  of  fires. 

Sec.  3.  It  shall  be  the  duty  of  the  Aldermen  of  the 
yCity  of  Raleigh  to  levy  and  collect  an  annual  tax  on  real 
and  personal  property,  sufficient  to  pay  the  amount  of  in¬ 
terest  on  said  bonds,  and  also  to  create  a  sinking  fund 
sufficient  to  discharge  the  principal  in  twenty  years. 

Sec.  4.  Three  Trustees  shall  be  elected  by  the  Aider- 
men,  none  of  whom  shall  be  a  Alderman,  and  each  of 
Avhom  shall  be  the  owner  in  his  own  right  of  at  least  two 
thousand  dollars  real  estate  unincumbered  in  the  City, 
for  the  purpose  of  managing  and  investing  the  proceeds 
of  the  tax  levied  for  creating  the  aforesaid  sinking  fund. 
The  Tax  Collector  of  the  City  shall  pay  over  to  said 
Trustees  all  the  proceeds  of  said  taxes,  and  said  Trustees 
shall,  from  time  to  time,  pay  the  interest  on  the  said 
bonds,  and  the  balance  of  said  taxes  they  shall  invest  in 
bonds  of  the  City  of  Raleigh  or  in  United  States  bonds; 
The  interest  of  such  investment  shall  be  invested  like¬ 
wise  in  like  securities  as  fast  as  the  same  shall  be  collected. 

Sec.  5.  This  act  shall  not  go  into  operation  until  rati¬ 
fied  by  a  majority  of  the  property  holders  who  are  elec- 


48 


APPENDIX. 


tors  of  the  City  of  Raleigh,  voting  at  an  election  to  bo 
held  after  the  first  Monday  of  May,  one  thousand  eight 
hundred  and  seventy-one.  Thirty  days  notice  being 
given  of  said  election,  (a  copy  of  this  act  accompanying 
said  notification,)  by  advertisement  in  the  Raleigh  Tele¬ 
gram  and  Sentinel  daily,  and  by  posting  at  the  Court 
House  door. 

Ratified,  4th  April,  A.  D.,  1871. 

Note. — This  act  has  never  been  submitted  to  the  voters 
of  the  City,  and  its  provisions  are  not  yet  in  force.  The 
word  Aldermen  has  been  substituted  for  the  word  Com¬ 
missioners  in  the  act. 


ORDINANCES 

OF  THE 

CITY  OF  RALEIGH, 

REVISED  BY  THE  CITY  ATTORNEY, 

AND  ADOPTED 

BY  THE 

BOARD  OF  ALDERMEN. 

FEBRUARY  4,  1876. 


CHAPTER  I. 


MULES  FOR  THE  GOVERNMENT  OF  THE  BOARD  OF  ALDER¬ 
MEN  OF  THE  CITY  OF  RALEIGH. 


Skotiosi.  I 

U  Board  to  meet  once  every  month,  j 
&c.  ! 

2  Order  of  business. 

3.  Mayor  to  decide  questions  of  or-  i 

der  ; 

4.  Previous  question,  may  be  called  : 

by  a  majority.  \ 

fi.  Motion  to  adjourn. 

#.  Proposition  to  appropriate  mon-  { 
ey,  or  new  ordinance  or  rule,’! 
made  only  at  regular  meetings  ; 
T,.  Motion  to  reconsider1,  when  al¬ 
lowed. 

*}.  Ordinances,  when  in  force. 

8L  Elections,  how  held. 

H).  Special  Committees,  how  ap-  \ 
pointed. 

II.  StandingCornmittees,  what  and  ; 
how  chosen. 


Section. 

12.  No  member  to  continue  stand¬ 
ing  after  the  Mayor  has  taken 
the  chair. 

13.  Discussion  confined  to  point  in 
debate. 

IT  Order  to  be  observed  when  tin* 
question  is  being  put 

15.  When  motions  to  be  entertained, 
and  order  of  precedence  of  same. 

16.  When  question  divisible. 

17.  Amendments  and  substitutes, 
when  allowed. 

ltf  Reports  of  Committees,  how 
made. 

19.  Applications  and  petitions, 
through  whom  made,  and  how 
received. 


Sec.  1.  There  shall  be  a  regular  meeting  of  the  Board 
of  Aldermen  at  the  Mayor’s  office,  on  the  first  Friday 
night  in  each  month,  and  on  the  last  Friday  night  in 
April  of  each  year:  the  meeting  in  May  shall  be  on  the 
Tuesday  after  the  first  Monday.  The  Mayor,  or  a  majority 
of  the  Board,  may  call  a  special  meeting  in  case  of  emergen¬ 
cy,  but  no  business  shall  be  transacted  at  such  meeting  ex - 
eept  that  for  which  it  was  called.  Nine  members  of  the 
Board  shall  constitute  a  quorum.  If  a  quorum  fail  to 
attend,  the  meeting  shall  stand  adjourned  to  a  day  agreed 
on  by  a  majority  of  the  members  present. 

Sec.  2.  When  a  regular  meeting  shall  he  organized, 
ike  order  of  business  shall  be  as  follows :  1st,  Reading 
the  proceedings  of  the  last  meeting,  unless  dispensed  with 
by  general  consent  2nd,  Corrections,  if  any  to  be  made. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH, 


51 


3rd,  Reports  of  Committees,  and  discussions  on  the  same. 
(A.)  Report  of  Street  Committee.  (B.)  Report  of  Finance 
'’Committee.  (C.)  Reports  of  any  Special  Committees. 
4th,  Auditor's  report.  5th,  Report  of  Treasurer.  6th, 
Report  of  Clerk  of  the  Market.  7th,  Report  of  the  City 
Marshal,  which,  in  his  absence,  shall  be  made  by  the 
Assistant  Chief  of  Police.  8th,  Reading  of  communica¬ 
tions  by  the  Clerk.  9th,  Unfinished  business. 

If  the  Board  direct  any  matter  to  be  the  special  busi¬ 
ness  of  a  future  meeting,  the  same  shall  have  precedence 
-over  all  other  business  at  such  meeting.  No  proposition 
shall  be  entertained  by  the  Mayor  until  it  has  been  second¬ 
ed,  and  every  proposition  shall,  when  required  by  the 
Mayor  or  a  member,  be  reduced  to  writing. 

Sec.  3.  The  Mayor  shall  preserve  order,  decide  all  ques¬ 
tions  of  order  and  appoint  all  Select  Committees ;  but 
any  member  may  appeal  to  the  Board  from  the  decision 
of  the  Mayor  upon  any  question  of  order,  and  on  such 
.  appeal  no  Alderman  shall  speak  more  than  once  without 
leave,  or  longer  than  three  minutes.  * 

Sec.  4.  The  previous  question  may  be  called  at  any 
time  by  a  majority  of  the  members  present.  The  ayes 
and  noes  may  be  called  by  three  members. 

Sec.  5.  A  motion  to  adjourn  shall  always  be  in  order, 
and  shall  be  decided  without  debate. 

Sec.  6.  No  proposition  to  appropriate  money,  to  alter 
or  repeal  any  ordinance  or  rule  of  the  Board,  or  to  enact 
any  new  ordinance,  or  to  establish  any  new  rule,  shall  be 
made  or  decided  at  any  other  than  a  regular  meeting. 

Sec,  7.  No  question  decided  by  the  Board  shall  be 
again  brought  forward  at  any  subsequent  meeting,  ex¬ 
cept  upon  a  motion  for  reconsideration  made  by  some 
member  voting  with  the  majoritj\  Amotion  to  reconsider 
a  vote  shall  not  be  in  order,  except  at  the  samb,  or  the  suc¬ 
ceeding  adjourned  meeting  to  that  at  which  the  vote  is  ta¬ 
ken.  Provided ,  that  a  vote  or  question  may  be  reconsidered 
at  any  time  by  the  vote  of  two-thirds  of  the  Board, 


52 


ORDINANCES  OF-  THE  CITY  OF  RALEIGH. 


Sec.  8.  Every  ordinance  shall  he  in  force  from  its  pas¬ 
sage,  unless  otherwise  ordered. 

Sec.  9.  All  elections  by  the  Board  shall  be  made  by 
ballot  if  required  by  any  two  members  present.  A  ma¬ 
jority  of  the  votes  of  all  the  members  present  shall  be 
necessary  to  make  an  election  or  appointment. 

Sec.  10.  All  Special  Committees  shall,  unless  otherwise 
ordered,  be  appointed  by  the  Mayor,  one  from  each  Ward. 

Sec.  11.  The  Standing  Committees  shall  be  as  follows 
©ne  from  each  Ward,  elected  by  the  Board  by  ballot : 
Committee  on  Finance;  Committee  on  Streets. 

Sec.  12.  After  the  Mayor  has  taken  the  Chair,  no 
member  shall  continue  standing,  except  to  address  the 
Chair. 

Sec.  13.  Speakers  shall  rise  to  address  the  Chair,  and 
shall  confine  themselves  to  the  point  in  debate. 

Sec.  14.  When  the  Mayor  is  putting  any  question,  the 
Aldermen  shall  continue  in  their  seats,  and  shall  not  hold 
any  private  discourse. 

Sec.  15.  When  a  question  is  under  consideration,  no 
motion  shall  be  received,  except  as  follows :  To  lay  on  the 
table  ;  to  postpone  to  a  time  certain ;  to  postpone  indefi¬ 
nitely  ;  to  refer  to  a  Committee ;  to  amend  ;  to  divide 
and  motions  for  any  of  these  purposes  shall  have  prece¬ 
dence  in  the  order  named.  A  motion  to  adjourn,  and  to 
lay  on  the  table  shall  always  be  in  order,  and  shall  be 
decided  without  debate  ;  and  of  these,  the  motion  to  ad¬ 
journ  shall  take  precedence:  But  no  motion  to  adjourn 
or  to  table  shall  be  entertained  while  the  Board  is  voting, 
©r  immediately  succeeding  the  same  motion;  some  inter¬ 
vening  business  must  have  been  transacted. 

-  Sec.  16.  If  a  question  under  discussion  contains  seve¬ 
ral  distinct  propositions,  the  same  shall  be  divided  at  the 
request  of  any  member,  and  a  vote  taken  separately  ;  but 

motion  to  strike  out  and  insert  shall  be  indivisible. 

Sec.  17.  All  amendments  shall  be  considered  in  the 
•rder  in  which  they  are  moved.  When  a  proposed. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


53 


amendment  is  under  consideration,  a  motion  to  amend 
the  same  may  be  made.  No  further  amendment  to  such 
second  amendment  shall  be  in  order.  But  when  an 
amendment  to  an  amendment  is  under  consideration,  a 
-substitute  to  the  whole  matter  may  be  received.  No 
proposition  on  a  subject  different  from  the  one  under  con¬ 
sideration  shall  be  received  under  color  of  a  substitute. 

Sec.  18.  The  reports  of  all  Committees  shall  be  in 
writing,  and  shall  be  received,  of  course,  without  motion 
for  acceptance.  All  reports  recommending  or  requiring 
tiny  action  or  expression  of  opinion  by  the  Board  shall 
be  accompanied  by  a  corresponding  resolution. 

Sec.  19.  All  applications  and  petitions  to  the  Board 
shall  be  read  and  laid  on  the  table  as  a  matter  of  course, 
subject  to  any  motion  which  an  Alderman  may  think 
proper  to  make.  All  such  applications  and  petitions  shall 
he  presented  through  the  Clerk  of  the  Board. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


M 


CHAPTER  II. 


CONCERNING  THE  STREETS  AND  THE  STREET  COMMISSIONER. 


SKOTIOJff.  .  RKCTION. 


1.  Street  Commissioner,  election,  i 

and  bond. 

2.  Duties  of  Street  Commissioner,  j 
8.  Footways  to  be  kept  clean,  and  j 

gutters  open. 

4.  Cellars  to  be  kept  in  repair. 

6.  Public  wells,  cisterns  and  pumps,  j 
«.  Encroachments  on  the  streets. 

7.  Brick,  stone,  &c.,  on  the  streets. 

E  Coal  and  wood  on  Fayetteville 

street 

8.  No  goods  to  be  sold  on  sidewalks.  ! 
10.  Shade  trees. 

H.  Fastening  horses. 

12.  Feeding  horses,  &c.,  where  pro-  j 
hibited. 

10.  Deposits  in  streets  prohibited.  ] 

14.  Removal  of  dirt,  <fcc.  from  streets,  j 
squares,  &c.  prohibited. 

15.  Sidewalks  and  foot- ways. 

10.  Drays  not  to  be  driven  out  of  a  J 
walk. 

17.  Fast  riding  and  driving  prohib¬ 
ited. 

18.  Vehicles  not  to  he  stopped  on  j 
footways. 

19.  Games,  and  throwing  missiles  | 
prohibited. 

20.  Bridges,  culverts  and  drains.  1 


21.  Vehicles  not  to  stand  in  the 
streets. 

22.  Watering  horses  at  public  pump**, 
forbidden. 

23.  Cisterns. 

24.  Shade  trees  to  be  trimmed. 

25.  Fire-arms,  fi re-works,  <fcc. 

26.  Defacing  signs,  <fcc.  forbidden. 

27.  Auctions  on  Fayetteville  Street 
prohibited. 

28.  Building  in  the  lines  of  old 
streets  forbidden. 

29.  New  streets  to  be  opened  imme¬ 
diately  after  assessment. 

30.  No  work  except  repairs  to  be  en¬ 
tered  upon  without  the  consent- 
of  the  Board. 

31.  All  supplies  to  be  bought  upon, 
requisition. 

32.  Work  to  be  examined. 

33.  Street  Commissioner  to  have- 
charge  of  pumps. 

34.  Storage  of  cotton. 

35.  Report  of  Street  Commissioner... 

36.  Defendants  may  be  sentenced 
to  work  on  the  streets. 

37.  Chain-Gang. 

38.  Penalties  herein  imposed  to  be- 
recovered  before  the  Mayor. 


Sec.  1.  At  the  first  regular  meeting  of  the  Board  of 
Aldermen  in  May  of  each  year,  or  as  soon  thereafter  as 
may  be  determined  by  the  Board,  there  shall  be  elected 
by  the  Board  of  Aldermen  a  Street  Commissioner,  who 
shall  hold  his  office  for  one  year,  and  until  his  successor 
shall  be  duly  elected  and  qualified.  He  shall  give  bond 
in  the  sum  of  Three  Thousand  Dollars,  payable  to  the- 
Oity  of  Raleigh,  and  conditioned  for  the  faithful  perform¬ 
ance  of  his  duties.  His  rate  of  compensation  shall  be 
determined  by  the  Board. 

Sec.  2.  Tne  Street  Commissioner  shall  employ  and  su¬ 
perintend  all  the  laborers  required  by  the  City  to  work 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


55 


upon  the  streets  and  other  public  works.  He  shall  re¬ 
port  to  the  Street  Committee  each  week  the  time  that 
each  employee  has  worked,  the  cost  of  the  labor  and  ma¬ 
terial,  and  all  other  expenses  incurred  by  him  on  account 
of  the  City.  He  shall  further  perform  all  the  duties  im¬ 
posed  upon  him  in  this  chapter,  and  which  may  hereafter 
be  imposed  by  the  Board. 

Sec.  3.  Every  occupant  of  a  lot  on  any  sheet  shall 
keep  the  footway  clean  and  the  gutter  open  and  free  from 
obstruction,  as  far  as  such  lot  extends.  If  any  rubbish, 
dirt,  ashes  or  any  other  thing  be  placed  or  left,  without 
lawful  authority,  upon  such  footway  or  in  such  gutter, 
the  occupant  of  such  lot  shall  remove  the  same ;  if  twelve 
hours  elapse  after  notice  by  the  City  Marshal,  or  by  the 
Street  Commissioner,  or  by  an  Alderman,  without  such 
removal,  the  occupant  shall  forfeit  five  dollars. 

Sec.  4.  Every  owner  of  a  house  on  a  street  which  has 
a  cellar  door  or  vault  in  a  public  footway,  shall  keep  the 
same  in  good  repair.  If  he  shall,  after  being  notified  so 
to  do  by  the  Mayor,  or  by  a  member  of  the  Committee 
on  Streets,  or  b\  the  Street  Commissioner,  or  by  the  City 
Marshal,  either  in  person  or  through  a  Policeman,  fail, 
for  the  space  of  three  days,  to  repair  the  same,  he  shall 
forfeit  five  dollars  ;  and  every  day  that  shall  elapse  there¬ 
after,  until  the  repair  is  made,  shall  constitute  a  dis¬ 
tinct  offence.  If  there  be  several  owners  of  such  house, 
it  shall  be  sufficient  to  give  the  said  notice  to  any  one  of 
them.  If  the  owner  be  a  non-resident,  the  notice  may  be 
given  to  his  agent  or  to  the  occupant  of  the  house. 

Sec.  5.  If  any  person  shall  throw  filth  or  rubbish  of 
any  kind  into  any  of  the  public  wells,  or  cisterns,  or  in 
any  manner  injure  the  public  pumps,  he  shall  forfeit  five 
dollars. 

Sec.  6.  No  citizen  of  Raleigh  shall  encroach  upon  the 
streets  by  erecting  any  piazza,  porch,  stoup,  paling,  chim¬ 
ney  or  other  building,  on  pain  of  being  compelled  to  to- 


50  ORDINANCES  OF  THE  CITY  OF  RALEIGH. 

move  the  same,  or  to  pay  such  annual  tax  as  may  be  im¬ 
posed  by  the  Aldermen. 

Sec.  7.  No  brick,  stone,  wood  or  other  substance  ob¬ 
structing  the  streets,  shall  be  suffered  to  lie  in  the  streets 
of  the  city ;  and  no  person  shall  place  in  any  street  or 
alley,  or  upon  any  sidewalk,  any  boxes,  casks,  crates, 
barrels  or  other  obstructions :  Provided ,  however ,  That 
building  material,  earth  and  other  obstructions  of  like 
character  may,  by  permission  of  the  Mayor  in  writing, 
he  allowed  under  such  restrictions  as  he  may  impose. 
Every  person  offending  against  these  provisions  shall  for¬ 
feit  and  pay  five  dollars  for  each  and  every  offence,  and 
a  like  sum  for  each  and  every  day  that  such  obstructions 
are  permitted  to  remain. 

Sec.  8.  No  wood  or  coal  shall  be  allowed  to  remain  on 
Fayetteville  street  for  a  longer  period  than  thirty-six 
hours  after  said  coal  or  wood  shall  have  been  deliveied 
to  the  person  ordering  the  same;  in  case  of  a  violation  of 
this  section,  a  penalty  of  five  dollars  shall  be  imposed 
upon  the  party  or  parties  ordering  the  same  for  each  day 
the  said  coal  or  wood  may  remain  on  the  said  street. 

«Sec.  9.  No  produce,  merchandise,  cooked  provisions, 
poultry,  fruits,  vegetables,  or  other  commodity,  shall  be 
kept  exposed  for  sale,  in  or  upon  any  sidewalk,  alley  or 
gutter  in  the  City,  nor  shall  any  sLand  be  placed  thereon 
for  such  purpose.  All  persons  violating  these  provisions 
shall  forfeit  and  pay  five  dollars  for  each  offence. 

Sec.  10.  The  citizens  may  plant  trees  in  front  of  their 
lots  at  the  distance  of  twelve  feet  from  the  line  of  the 
street.  If  any  person  shall  cut  or  destroy  such  tree  with¬ 
out  permission  from  the  Board  of  Aldermen,  he  shall  for¬ 
feit  twenty  dollars. 

Sec.  1 1.  No  person  shall  fasten  a  horse  or  other  ani¬ 
mal  to  any  fence  enclosing  any  of  the  public  squares, 
under  a  penalty  of  three  dollars  for  each  offence. 

Sec.  12.  If  any  person  shall  feed  any  horse,  mule  or 
other  animal  on  any  street  except  in  the  vicinity  of  the 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


01 


Railroad  Depots,  and  on  Hargett  Street  between  Fayette¬ 
ville  and  Wilmington  Streets,  on  Martin  Street  between 
Fayetteville  and  Wilmington  Streets,  and  on  Wilmington 
Street,  or  shall  hitch  any  of  said  animals  to  any  shade 
tree  in  the  City,  or  to  any  post  within  four  feet  of  the 
footway,  he  shall  forfeit  five  dollars  for  every  offence. 

Sec.  13.  All  persons  are  prohibited  from  depositing 
any  dirt  taken  from  any  cellar  or  other  place  upon  any  of 
the  streets  or  public  squares  in  the  City  of  Raleigh,  with¬ 
out  the  permission  or  consent  of  the  Street  Commission¬ 
er,  under  a  penalty  of  twenty  dollars  for  each  and  every 
offence. 

Sec.  14.  No  person  shall  remove  any  sand  or  dirt  from 
the  streets,  or  loam  or  clay  from  any  square  or  lot  be¬ 
longing  to  the  City  or  the  State,  either  within  or  beyond 
the  limits  of  the  corporation,  under  a  penalty  of  five 
dollars.  It  shall  be  the  duty  of  the  officers  of  the 
City  to  report  to  the  Mayor  any  breach  of  this  ordinance 
immediately. 

Sec.  15.  No  person  shall  lead,  ride  or  drive  any  horse 
or  other  animal  upon  any  footway  except  such  part  of  it 
as  lies  directly  between  the  carriage-way  and  the  entrance 
to  an  adjacent  lot,  and  only  for  the  purpose  of  going  into 
or  out  of  said  lot ;  nor  shall  any  person  place  on  the  foot¬ 
way  of  any  public  street  any  wheelbarrow,  hand-cart, 
hand-carriage  or  other  vehicle,  except  in  passing  directly 
across  the  footway  into  or  out  of  a  house  or  lot,  under  a 
penalty  of  four  dollars  for  each  offence:  Provided ,  That 
nothing  in  this  section  shall  prevent  the  use,  on  such 
footway,  of  a  hand-carriage  to  carry  an  infant  or  invalid. 

Sec.  16.  No  person  shall  drive  any  dray,  cart  or  wagon 
In  any  public  street  out  of  a  walk;  nor  shall  the  driver 
of  any  vehicle  on  any  street  wantonly  crack  his  whip  to 
the  annoyance  of  others,  nor  suffer  his  vehicle  to  stand  or 
pass  on  any  street  without  holding  the  reins,  except  in 
the  case  of  a  wagon,  cart  or  dray  while  delivering  or  re- 


58  ORDINANCES  OF  THK  CITY  OF  RALEIGH. 

reiving  a  load.  When  vehicles  meet, each  shall  go  to  the- 
right;  and  if  any  vehicle  passes  another,  it  shall  pass  on 
the  right.  Any  person  offending  against  any  provision 
of  this  section  shall  forfeit  five  dollars  for  each  offence. 

Sec.  17.  No  person  shall  ride  or  drive  any  horse  or 
other  animal  in  any  street  faster  than  an  ordinary  trot, 
nor  break  any  horse  or  other  animal,  nor  try  any  unbro¬ 
ken  horse  or  other  animal  in  any  street,  tinder  a  penalty 
of  ten  dollars  for  each  offence, 

Sec.  18.  No  person  shall  stop  any  vehicle  on  a  footway 
or  flagged  crossing  for  foot  passengers,  under  a  penalty 
of  one  dollar  for  so  stopping,  and  of  twenty-five  cents  for 
every  five  minutes  he  shall  remain  after  notice  to  move 
off:  Provided,  The  driving  a  cart  or  wagon  on  the  foot¬ 
way  to  deliver  wood  or  coal  shall  not  be  deemed  a  viola¬ 
tion  of  this  ordinance,  if  the  same  is  delivered  without 
delay,  and  the  wagon  is  removed  from  the  f  otway,  as 
soon  as  the  wood  or  coal  is  delivered. 

Sf:c.  19.  All  games  of  every  description,  and  throwing 
stones  or  other  missiles,  are  forbidden  in  the  streets  and 
sidewalks  of  the  City,  and  every  person  offending  against 
this  section  shall  forfeit  and  pay  five  dollars  for  each  and 
every  offence. 

Sec.  20.  Any  person  who  shall  injure  any  bridge,  or 
other  property  belonging  to  the  City,  or  place  any  ob¬ 
struction  in  any  culvert,  drain  or  sewer,  public  or  pri¬ 
vate,  shall  forfeit  ten  dollars.  And  if  he  fail  to  remove 
the  same  for  twelve  hours  after  notice  by  the  Mayor,  or 
Street  Commissioner,  or  one  of  the  Street  Committee, 
every  day  that- shall  elapse  thereafter  without  such  re¬ 
moval,  shall  constitute  a  distinct  offence. 

Sec.  21.  No  wagon,  cart,  carriage,  buggy  or  other  ve¬ 
hicle  shall  be  permitted  to  stand  in  any  street  when  not 
in  use  by  the  owner,  under  a  penalty  of  four  dollars  for 
each  offence,  and  the  City  Policemen  are  hereby  directed 
to  be  strict  in  the  enforcement  of  this  section;  and  no 


ORDINANCES  OF  THE  CITY  OF  RALEIGH.  59^ 

wood-wagon  shall  stand  on  Fayetteville  Street  in  front  of 
the  Market  House. 

Sec.  22.  No  person  shall  take  water  from  a  public - 
pump  in  a  barrel,  nor  water  a  horse  at  a  public  pump*, 
under  a  penalty  of  four  dollars  for  each  offence.  And  iF 
any  person  shall  wilfully  or  negligently,  by  unreasonable* 
violent  use,  or  otherwise,  injure  any  public  well  or  pump- 
in  the  City,  he  shall  forfeit  and  pay  ten  dollars;  and  the 
City  Police  are  instructed  to  use  special  diligence  to  car¬ 
ry  this  order  into  effect. 

Sec.  23.  The  cisterns  shall  be  under  the  charge  of  the- 
Fire  Commissioners  of  the  F'ire  Division  in  which  they- 
are  situate,  whose  duty  it  shall  be  to  keep  them  filled^ 
with  water  to  be  used  only  in  case  of  fire. 

Sec.  21.  The  Street  Commissioner  shall  notify  all  per¬ 
sons  having  trees  in  front  of  their  lots  to  have  them 
properly  trimmed.  If  the  owner  or  occupant  refuse,  or 
delay  compliance  more  than  five  days,  they  shall  be  trim¬ 
med  under  the  superintendence  of  the  Street  Commis¬ 
sioner,  the  expense  thereof  to  be  charged  to  the  owner  or 
occupant  of  said  lot,  to  be  recovered  by  warrant  before- 
Idle  Mayor. 

Sec.  25.  Any  person  who  shall  shoot  off  any  gun  or 
other  fire-arm,  or  shoot  off  or  have  any  rocket,  pop-crack¬ 
er  or  other  fire-works,  or  any  combination  of  gun-powder*, 
in  any  street  or  footway,  or  shoot  off  any  gun  or  other 
firearms  within  fifty  yards  of  any  street,  or  shoot  off  any; 
gun  or  fire-arms  charged  with  ball  or  shot  or  any  other 
deadly  thing  within  two  hundred  yards  of  any  habitation 
within  the  city,  except  in  cases  of  necessity,  shall  forfeit, 
ten  dollars  fur  each  offence:  Provided ,  Nothing  herein 
contained  shall  prohibit  the  exhibition  of  fire-works  on > 
occasions  of  public  rejoicing. 

Sec.  26.  Any  person  who  shall  injure  or  deface  any 
sign  or  sign-post  belonging  to  another,  or  any  lantern,, 
lamp  or  lamp-post,  or  the  works  or  machinery  of  another 


m 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


person,  or  pollute  any  spring  or  well  of  water  belonging 
to  another,  shall  forfeit  ten  dollars. 

Sec.  27.  No  auction  shall  be  held  on  Fayetteville  street. 
Any  person  violating  this  section  shall  forfeit  ten  dollars 
for  each  offence. 

Sec.  38.  All  persons  are  forbidden  to  build  within  the 
4ine  of  any  of  the  old  streets  of  the  City  extended. 

Sec.  29.  Whenever  streets  shall  have  been  ordered  to 
T)e  opened,  and  an  assessment  shall  havebeen  duly  made 
according  to  law  and  approved  by  the  Board,  the  Street 
Commissioner  shall  open  the  same  so  as  to  give  the  right 
of  way  to  the  public,  even  if  he  is  unable  to  grade  them 
4it  the  time. 

Sec.  30.  Neither  the  Street  Commissioner  nor  the  Street 
Committee  shall  be  allowed  to  enter  upon  any  work  ex¬ 
cept  ordinary  repairs,  without  the  previous  consent  of  the 
Board;  and  whenever  any  work  isproj:osed  to  be  done,  a 
detailed  estimate  of  the  cost  thereof  shall  be  submitted  to 
the  Board. 

Sec.  31.  The  Street  Commissioner  shall  in  all  cases 
Tnake  a  requisition  upon  the  Mayor  for  all  supplies 
wanted  in  his  department,  and  if  approved,  the  Mayor 
shall  direct  the  Clerk  to  issue  an  older  for  the  articles 
wanted.  The  Clerk  shall  prepare  the  proper  blanks  for 
requisition,  subject  to  the  approval  of  the  Mayor. 

Sec.  32.  No  account  for  work  by  contract  shall  be  al¬ 
lowed  until  the  work  so  contracted  for  shall  be  examined 
by  the  Street  Commissioner,  who  shall  certify  to  the 
Board  whether  the  same  is  done  as  described  in  the  pro¬ 
posals. 

Sec.  33.  The  Street  Commissioner  shall  take  charge  of 
the  pumps  of  the  city,  and  keep  the  same  in  order ;  and 
to  that  end  he  is  authorized  to  employ  a  competent  me- 
-chanic  to  keep  the  pumps  in  order,  and  to  put  in  new 
stocks  when  necessary,  and  to  do  such  other  mechanical 
work  when  not  working  on  the  pumps  as  the  Street  Com- 


ORDINANCES  OF  THE  CITY  OF  RALEIGH.  6k 

missioner  shall  direct.  The  Street  Commissioner  is  di¬ 
rected  to  purchase  suitable  tools  for  the  repairing  ami 
keeping  up  the  pumps  of  the  city. 

Sec.  35.  The  regulation  of  the  storage  of  cotton  is  lift 
to  the  discretion  of  the  Mayor,  who  shall  be  empowered  to 
make  all  such  orders  and  rules  as  may  be  necessary  to 
prevent  the  impeding  of  the  sidew'alks  and  streets  by 
cotton,  and  to  enforce  the  same  by  fine. 

Sec.  36.  The  Street  Commissioner  shall  report  once  a 
week  to  the  Street  Committee,  and  oftener  if  required  by 
them.  The  Street  Committee  shall  report  every 
month  to  the  Board  the  amount  of  work  performed,  the 
locality,  and  the  character  of  the  work  and  the  quality  of 
the  labor  employed,  distinguishing  skilled  mechanic 
from  common  labor. 

Sec.  37.  In  all  cases  where  a  defendant  may  be  atk 
judged  to  be  imprisoned,  it  shall  be  competent  for  the 
Mayor  also  to  order  that  the  said  defendant  work  during 
the  period  of  his  confinement  upon  the  streets  and  public 
works  of  the  City. 

Sec.  38.  The  City  Marshal  shall,  under  the  direction  of 
the  Mayor,  organize  a  chain-gang  of  such  persons  as  shall 
be  sentenced  as  aforesaid,  or  shall,  in  the  discretion  of  ther 
Mayor,  provide  some  efficient  and  suitable  means  to  pre¬ 
vent  the  escape  of  prisoners  while  at  work  :  Provided , 
that  in  no  case  shall  women,  or  boys  under  the  age  of 
fourteen, be  placed  in  the  chain-gang ;  nor  shall  any  means 
be  used  to  restrain  said  prisoners  which  shall  be  injurious^ 
to  their  health  ;  And,  provided  further ,  In  no  case  shall 
the  time  for  which  said  prisoners  shall  be  sentenced  to 
work,  exceed  twenty-eight  days. 

Sec.  39.  All  the  penalties  imposed  in  this  chapter  shall 
together  with  the  costs,  be  recoverable  by  warrant  before 
the  Mayor,  and  it  shall  be  the  duty  of  all  the  officers  of 
the  City  to  prosecute  every  violation  of  this  chapters 
which  shall  come  within  their  knowledge. 


(ORDINANCES  OF  THE  CITY  OF  RALEIGH, 


*62 


CHAPTER  III. 

CONCERNING  THE  PREVENTION  OF  ACCIDENTS  BY  FIRE. 


•Srctiion. 

1.  Persons  not  to  erect  wooden 

buildings,  where. 

2.  Chimneys  to  be  built  of  bricks  or 

stone. 

3.  Btoves,  how  built. 

4.  Chimneys  not  to  be. set  on  dre. 

b.  No  shavings  to  be  placed  near 


t  Section. 

any  building. 

|  6.  No  blacksmith  or  baker's  shop  fc« 

£  to  be  erected,  where. 

|  7.  No  shavings  to  be  burnt  in  the 

*  streets. 

I  8.  Powder  in  store,  how  much. 


Sec.  1.  No  person  shall  erect  any  building  of  wood  or 
any  wooden  additions  to  any  buildings  on  the  squares  in 
4he  City  bounded  by  Morgan,  Salisbury,  Martin  and  Wil¬ 
mington  streets, nor  shall  any  wooden  building  be  removed 
from  any  other  place  to  said  squares;  nor  shall  any  person 
*rect  any  wooden  building  within  thirty  feet  of  any  brick 
or  stone  house  other  than  his  own  without  the  permission 
of  the  owner;  and  if  his  own,  he  shall  cover  the  same  with 
n  tile,  slate  or  metal  roof.  Any  person  violating  any 
provision  of  this  section  shall  forfeit  twenty-five  dollars 
for  every  week  such  building  shall  remain,  after  notice 
to  remove  the  same. 

Sec.  2.  No  chimney  shall  be  erected  within  the  City  of 
any  other  material  than  brick  or  stone.  Any  person  of¬ 
fending  against  this  section  shall  forfeit  twenty-five  dol¬ 
lars  for  the  first  month  such  chimney  shall  remain  after 
notice  given  by  the  Mayor  or  City  Marshal  to  remove  the 
same,  and  four  dollars  for  each  succeeding  month  until 
it  is  removed. 

Sec.  3.  To  every  stove  erected  within  the  City  there 
shall  be  an  iron,  stone  or  brick  hearth  extending  at  least 
one  foot  beyond  the  size  of  the  stove,  and  the  pipe  to  every 
such  stove,  if  it  pass  through  the  wall  or  roof  of  the  house, 
shall  extend  four  feet  from  the  same,  shall  have  a  cap 
or  elbow  placed  over  the  end  of  it,  and  shall  not  be  placed 
within  eight  feet  of  any  building.  It  shall  be  the  duty 


ORDINANCES  OF  THE  CITY  OF  RALEIGH.  B3 

of  the  City  Constable,  from  time  to  time,  to  examine  the 
stoves  in  the  city ;  and  if  they  are  not  constructed  as  re¬ 
quired  by  this  section ,  to  give  directions  to  have  them  so  con¬ 
structed.  If  they  shall  not  have  been  altered,  as  directed, 
within  one  month  after  the  direction  was  given,  the  own¬ 
er  shall  forfeit  ten  dollars. 

Sec.  4.  If  any  person  shall  suffer  his  chimney  to  take 
fire  so  as  to  blaze  out  at  top,  (except  in  a  snow  or  in  rainy 
weather)  he  shall  forfeit  four  dollars. 

Sec.  5.  No  person  shall  deposit  wood  shavings  in  any 
place  out  of  doors  within  thirty  yards  of  any  building^ 
without  consent  of  the  Mayor.  Any  person  so  offending 
£<hall  forfeit  five  dollars  for  each  offence. 

Sec.  6.  No  blacksmith's  or  baker’s  shop  shall  be  erected 
in  the  city  between  Blount,  Cabarrus,  McDowell  and  Jones 
streets.  Any  person  so  offending  shall  forfeit  twenty-five 
/iollars;  and  for  every  month  such  prohibited  building 
shall  be  kept  up,  a  like  forfeiture  shall  be  incurred. 

No  new  blacksmith’s  shop  shall  be  erected  within  the 
City  without  the  express  permission  of  the  Board. 

Sec.  7.  No  shavings  or  other  fuel  shall  be  burnt  in  any 
street,  except  by  blacksmiths  for  tiring  wheels;  nor  shall 
any  person  carry  fire  out  of  doors  unless  under  safe  cover. 
Any  person  violating  the  provisions  of  this  section  shall 
forfeit  five  dollars  for  every  offence. 

Sec.  8.  No  merchant  shall  keep  more  than  one  keg  of 
powder  in  his  store,  under  a  penally  of  twenty-five  dol¬ 
lars  for  each  offence. 


04 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


CHAPTER  IV. 


CONCERNING  THE  FIRE  DEPARTMENT. 


fSKCTION. 

1.  Mayor  to  organize  Fire  Compa. 
n.ies. 

2  Meeting  of  Fire  Companies. 

3.  Duty  of  companies  upon  alarm  of 

fire. 

4.  Duty  of  Captain  to  keep  roll. 

5.  Captain  to  bepresentat  meetings 

and  at  fires. 

6.  Power  to  call  for  help  upon  all 

persons. 

1.  Duty  of  Mayor  in  case  of  fire. 

0.  Election  of  Fire  Commissioners* 
Duties. 


Skction. 

9.  Election  of  Chief  Engineer  Du¬ 

ties. 

10.  Appointment  of  Assistant  En* 
gineer.  Duties. 

11.  Organization  of  the  companies* 

12.  Requirements  of  membership. 

13.  No  liquors  allowed  in  Engii> 
House  or  at  fires,  except  when. 

14.  Penalty  for  disobedience  or  neg¬ 
lect. 

15.  No  company  allowed  to  leave 
the  city  except  by  leave  of  Chief 
Engineer  and  of  Fire  Com’r. 


Sec,  1.  The  Mayor  shall  forthwith,  and  hereafter  in 
January  in  each  year,  take  the  necessary  measures  in 
pursuance  to  act  of  General  Asssembly  of  1826-27,  for 
organizing  Fire  Companies  for  this  city,  the  said  Com¬ 
panies  to  consist  of  fifty  men  each,  (to  be  increased  to  ono- 
hundred,  if  necessary,)  the  first  two  to  be  known  as  Fire 
Companies  Nos.  1  and  2,  and  the  others  as  the  Board  of 
Aldermen  may  determine. 

Sec.  2.  It  shall  be  the  duty  of  the  said  Companies  to 
meet  at  such  time  and  place,  at  least  quarterly,  for  exer¬ 
cise  and  inspection,  as  may  be  directed  by  the  Captains 
of  the  several  Companies,  whose  duty  it  shall  be  to  cause 
notice  to  be  given  to  their  respective  members. 

Sec.  3.  It  shall  be  the  duty  of  the  said  companies,  upon 
the  alarm  of  fire,  to  proceed  at  once  to  their  respective 
engine-houses,  and  thence  with  their  respective  machines 
to  the  fire,  where  they  shall  be  under  the  control  and  di¬ 
rection  of  their  Captains  respectively. 

Sec.  4.  It  shall  be  the  duty  of  the  Captain  of  each  com¬ 
pany  to  keep  a  roll  of  the  members  of  his  company,  which 
roll  shall  be  called  whenever  the  company  may  be  ordered 
out  for  exercise,  and  also  at  every  fire. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH.  05 

Sec.  5.  It  shall  be  the  duty  of  the  several  Captains  to 
be  present  at  each  meeting  of  their  respective  companies 
for  exercise  and  at  every  fire,  and  to  take  the  entire  charge 
and  direction  of  said  companies  at  all  times. 

Sec.  6.  During  the  continuance  of  any  fire,  the  Chief 
Engineer,  the  Fire  Commissioners,  each  of  the  Captains 
and  the  Mayor  shall  have  power  to  call  on  any  and  all 
persons  to  assist  in  extinguishing  the  same,  or  in  pulling 
down  or  blowing  up  any  building,  or  in  removing  any 
building,  or  in  removing  any  goods,  wares,  merchandise 
and  furniture  from  any  building  on  fire  or  in  danger,  to 
some  place  of  safety.  Any  person  failing  to  obey  any  or¬ 
der  given  for  the  purposes  aforesaid,  shall  forfeit  ten 
dollars  :  Provided ,  however ,  That  no  dwelling-house,  store 
or  warehouse  shall  be  blown  up,  pulled  down  or  in  any 
way  destroyed,  without  the  advice  and  consent  of  the 
Chief  Engineer  or  one  or  more  of  the  Fire  Commissioners. 

Sec.  7.  In  case  of  fire  it  shall  be  the  duty  of  the  Mayor 
to  attend  and  take  charge  of  the  Police  Department ;  in 
case  of  the  removal  or  exposure  of  property  he  shall  de¬ 
tail  a  sufficient  number  of  citizens,  not  members  of  the 
Fire  Department,  who  shall  constitute  an  auxiliary  police 
force,  whose  duty  it  shall  be,  under  the  direction  of  the 
Mayor,  to  guard  all  exposed  property  and  detain  all  sus¬ 
picious  and  disorderly  persons,  and  to  do  whatever  may  be 
lawfully  done  to  protect  the  rights  of  the  citizens  and 
preserve  the  public  peace.  In  case  the  Mayor  is  not  pres¬ 
ent  the  duties  above  set  out  will  be  required  of  the  Chief 
Engineer  or  of  the  Fire  Commissioners. 

Sec.  8.  The  City  shall  be  divided  into  four  Fire  Divis¬ 
ions.  That  portion  of  the  City  north  of  Hargett  street 
and  east  of  Halifax  and  Fayetteville  streets,  shall  be  the 
First  Division;  the  portion  south  of  Hargett  street  and 
east  of  Fayetteville  street,  shall  be  the  Second  Division 
the  portion  south  of  Hargett  street  and  west  of  Fayette¬ 
ville  street,  shall  be  the  Third  Division ;  and  the  portion 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


m 


north  of  Hargett  and  west  of  Halifax  and  Fayetteville 
-streets,  shall  be  the  Fourth  Division. 

Sec.  9.  The  Board  of  Aldermen  shall,  during  the 
month  of  May  of  each  year,  select  four  Fire  Commission¬ 
ers,  one  for  each  Fire  Division,  who  shall  serve  for  one 
year,  and  until  their  successors  are  duly  elected  and  in¬ 
stalled.  The  said  Fire  Commissioners  shall  be  qualified 
by  taking  the  oath  of  office,  and  shall  have  entire  direc¬ 
tion  (under  the  control  of  the  Board  of  Aldermen)  of  the 
Fire  Department  of  the  City,  and  shall  make  quarterly 
inspections  of  the  companies,  their  machinery,  engine- 
house  and  equipments,  and  shall  report  the  condition  of 
the  same  to  the  Board,  with  such  recommendations  as 
they  think  advisable.  They  shall  also,  as  provided  in 
Chapter  II.,  sec.  23,  have  the  control  and  supervision  of 
the  cisterns  in  the  streets,  and  perform  such  other  duties 
as  the  Board  of  Aldermen  may  from  time  to  time  direct. 

Sec.  10.  The  Board  of  Aldermen  shall,  during  the 
month  of  May  in  each  year,  elect  a  Chief  Engineer  of  the 
Raleigh  Fire  Department,  who  shall  have  a  general  super¬ 
vision  of  all  the  Fire  Companies  of  the  City.  He  shall 
hold  his  office  for  one  year,  and  until  his  successor  shall  be 
lected  and  qualified.  He  shall  report  to  the  Fire  Com¬ 
missioners  in  writing  semi-annually,  giving  a  detailed 
statement  of  all  the  companies  under  his  supervision,  and 
shall  perform  all  the  duties  herein  imposed,  or  which 
mav  hereafter  be  imposed  upon  liiim 

Sec.  11.  The  Chief  of  the  Fire  Department  shall,  with¬ 
in  ten  days  after  he  receives  a  notification  of  his  election, 
appoint  an  Assistant  Engineer.  It  shall  be  the  duty  of 
the  Assistant  Engineer  to  visit  at  least  once  a  week  the 
engine  and  truck-houses,  and  to  ascertain  if  any  repairs, 
<e£c.,  are  needed,  and  to  see  that  the  houses,  machinery, 
carriages,  etc.,  are  in  gbod  order.  Whenever  a  fire  shall 
#eeur  in  the  city,  it  shall  be  the  duty  of  the  Assistant 
Engineer  to  repair  immediately  to  the  place  of  the  fire, 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


67 


carrying  with  him  a  badge  of  his  office,  and  to  report  to 
the  Chief.  He  shall  take  proper  measures,  under  the  di¬ 
rection  of  the  Chief,  to  cause  the  engines  and  other  ap¬ 
paratus  to  be  advantageously  arranged  and  effectively 
used ;  and  he  shall  have  power  to  call  for  assistance  upon 
nil  persons  present.  In  the  absence  of  the  Chief,  he  shall 
exercise  all  the  duties  of  that  officer. 

Sec.  12.  Each  Fire  Company  shall  elect  or  appoint  its 
officers  under  its  own  rules  and  regulations.  It  shall  be 
he  duty  of  the  Foreman  or  Captain  of  each  Company  to 
see  that  the  engine  or  other  apparatus  committed  to  his 
care  shall  be  kept  neat  and  in  order  for  immediate  use. 
The  Foremen  or  Captains  shall  keep  order  in  their  respec¬ 
tive  companies,  and  enforce  a  strict  compliance  with  the 
City  ordinances  and  rules  of  the  Board  of  Aldermen. 
They  shall  keep  full  and  exact  records  of  their  respective 
companies,  specifying  age,  time  of  admission  and  dis¬ 
charge,  and  a  full  list  of  all  the  machinery  and  apparatus 
entrusted  to  their  care.  These  records  shall  be  kept  in  a 
hook  "to  be  furnished  them,  and  shall  always  be  open  to 
the  inspection  of  the  Chief  or  any  one  of  the  Fire  Com¬ 
missioners.  The  Foremen  shall  make  monthly  reports 
In  writing  to  the  Chief  of  the  names  of  the  members  of 
their  respective  companies,  and  the  condition  of  their  ap¬ 
paratus  and  equipments,  with  an  estimate  of  the  articles 
required  for  the  ensuing  month.  The  Foreman  of  each 
company  shall  remain  with  his  company  when  on  parade 
or  on  duty,  and  shall  be  responsible  for  the  conduct  of  his 
men. 

Sec.  13.  The  members  of  the  Fire  Companies  shall  be 
not  less  than  eighteen  years  of  age,  and  residents  of  the 
City  of  Raleigh.  They  shall  be  exempt  from  poll  tax  as 
long -as  they  remain  active  members  of  the  Fire  Depart- 
.tuent. 

Sec.  14.  No  liquors  tliall  be  allowed  in  any  engine  or 
other  house  belonging  to  the  Department,  or  at  any  fire 


68 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


unless  by  the  express  order  of  the  Chief  and  one  or  more 
of  the  Fire  Commissioners,  and  any  officer  or  member 
who  may  be  intoxicated  about  any  engine  or  other  house- 
used  by  the  Department,  or  at  any  fire,  shall  be  subject 
to  dismissal. 

Sec.  15.  Any  officer  or  member  who  shall  wilfully 
neglect  to  perform  his  duty,  or  be  guilty  of  disobedience 
to  his  superior  officer,  shall  be  liable  to  be  removed  from 
the  Department  by  a  two-thirds  vote  of  the  Fire  Commis¬ 
sioners,  or  shall  be  liable  to  be  fined  at  their  discretion,, 
not  exceeding  ten  dollars :  Provided ,  That  this  shall  not 
take  awa}T  from  the  companies  the  right  to  fine  or  expel 
their  members  under  their  own  rules.  In  all  cases  of  a 
fine  exceeding  five  dollars,  or  of  dismissal,  an  appeal  may 
be  taken  to  the  Board  af  Aldermen. 

Sec.  16.  No  company  shall  be  permitted  to  leave  the 
City  with  their  apparatus  unless  permission  be  granted 
by  the  Chief  and  a  majority  of  the  Fire  Commissioners,. 


CHAPTER  V. 

DISORDERLY  HOUSES,  DRUNKENNESS,  GAMING  TABLES,  &C\ 


^Section  I  Section. 

1.  Forfeits  for  keeping  or  renting  |  3.  Cursing,  drunkenness,  &c. 

houses  of  ill-fame.  4.  Breaches  of  the  peace, 

2.  Police  may  demand  admission.  |  5.  Gaming  tables,  prize  boxes,  &c~ 

Sec.  1.  Every  person  who  shall  keep  a  disorderly  house  ,, 
or  house  of  ill-fame,  within  the  limits  of  the  city,  and  any 
person  who  shall  knowingly  rent  any  house  to  be  used 
as  a  house  of  ill-fame,  shall  forfeit  and  pay  ten  dollars  for 
every  day  the  house  is  so  kept ;  and  all  adult  persons 
living  in  such  house  shall  be  considered  the  keeper- 
thereof,  and  be  subject  to  the  penalties  of  this  section. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


69 


Sec.  2.  If  the  occupant  of  any  disorderly  house  shall 
refuse  to  open  his  doors  and  give  entrance  to  any  officer 
of  the  City  or  members  of  the  Police,  demanding  admis¬ 
sion  for  the  purpose  of  suppressing  disorderly  conduct 
therein,  he  shall  forfeit  ten  dollars. 

Sec.  3.  Every  person  found  guilty  of  loud  and  bois¬ 
terous  cursing  and  swearing  in  any  street,  house,  or  else¬ 
where  in  the  City,  and  every  person  found  drunk  in  the 
streets,  alleys,  or  in  any  public  place  of  the  City,  disturb¬ 
ing  the  peace  of  the  City  or  violating  the  rules  of  decency, 
shall  forfeit  and  pay  five  dollars  for  every  offence;  and 
Jill  persons  found  lying  drunk  on  the  streets  in  the  City 
shall  be  taken  and  lodged  in  the  guard-house. 

Sec.  4.  If  any  person  shall  commit  any  breach  of  the 
peace,  or  engage  in  any  riotous  or  disorderly  conduct 
within  the  limits  of  the  City,  he  shall  forfeit  and  pay  for 
the  use  of  the  City  twenty-five  dollars  :  Provided ,  That 
rafter  conviction,  and  a  judgment  of  said  penalty,  the 
Mayor  shall  have  power,  in  his  discretion,  to  remit 
any  portion  thereof,  not  exceeding  twenty  dollars : 
And  provided  further,  That  this  ordinance  shall 
not  be  construed  to  relieve  the  Mayor  from  the  duty  of 
binding  over  the  offender  according  to  law,  if  the  offence 
is  one  properly  triable  before  a  higher  Court. 

Sec.  5.  No  roulette  table,  or  other  game  in  an}7  man¬ 
ner  resembling  roulette,  nor  any  other  games  of  chance 
or  adventure,  whereby  the  purchase  of  any  article  de¬ 
pends  upon  chance,  nor  the  sale  of  any  prize  boxes  of 
candies  or  other  things  wherein  the  purchaser  is  promised 
or  led  to  expect  to  receive  anything  over  and  above  the 
articles  purchased,  shall  be  exhibited,  take  place  or  be 
made  in  any  of  the  public  streets  of  the  City  of  Raleigh, 
under  the  penalty  of  twenty  dollars  for  each  offence,  to 
be  recovered  by  warrant  before  the  Mayor.  Whenever 
iiny  Policeman  or  officer  of  the  City  sees  an}7  person  vio¬ 
lating  this  section,  it  shall  be  his  duty  to  arrest  the  offen- 


70 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


t 

der  at  once  and  bring  him  before  the  Mayor  to  be  deals 
with  under  this  section. 


CHAPTER  VI. 


SUNDAY  AND  ITS  OBSERVANCE. 


Section.  j  Section. 

1.  Games  and  sports  prohibited.  |  4.  Duties  of  constables  or  policen>  c. 

2.  Unlawful  assemblies  on  Sunday,  j  5.  Barbers’  shops. 

3.  Penalties  for  keeping  stores  open.  I  G.  Barbers. 

Sec.  1.  No  person  shall  be  allowed  to  play  at  air*' 
game  'on  Sunday  within  the  limits  of  the  City,  on  paint 
of  forfeiting  for  every  such  offence  ten  dollars  ;  and  every 
proprietor^*  a  billard-table,  fivee-alley  or  ten-pin  alley, or 
other  sport-ground,  permitting  any  game  to  be  played 
on  Sunday,  shall  forfeit  on  conviction  twenty-five  dol¬ 
lars. 

Sec.  2.  Any  person  who  shall,  on  Sunday,  be  present 
and  aiding  at  any  unlawful  or  disorderly  assembly,  or  bt 
found  drunk  in  the  streets,  shall  forfeit  five  dollars  for 
every  such  offence. 

Sec.  3.  Any  person  who  shall  keep  open  any  shop  or  store 
on  Sunday,  for  the  purpose  of  buying  or  selling,  except 
in  cases  of  necessity,  shall  forfeit  twenty-five  dollars  r 
but  Drug-Stores  may  he  kept  open  at  all  times. 

Sec.  4.  It  shall  be  the  duty  of  the  Policemen  of  the  City 
to  go  over  the  whole  City  and  surburbs  at  least  two  Sun¬ 
days  in  every  month,  for  the  purpose  of  apprehending 
any  person  who  may  be  found  violating  any  of  the  laws 
or  ordinances  of  the  City,  or  of  the  State,  and  of  ferreting 
out  and  bringing  to  justice  all  offenders  against  the  peace 
and  good  order  of  society. 

5.  It  shall  not  be  lawful  for  the  owner  or  proprietor  of 
or  any  employee  in,  any  Barber  Shop  within  the  limits 


ORDINANCES  OF  THE  CITY  OF  RALEIC.IT. 


of  the  City  to  open,  or  al’ow  to  be  opened,  tbe  same  for 
tonsorial  purposes  on  Sunday.  Any  person  violating  this 
section  shall  be  liable  to  a  fine  of  twenty-five  dollars-  for 
every  violation  proven,  to  be  enforced  by  the  Mayor. 

Sec.  6.  No  barber  shall  be  allowed  to  follow  his  trade 
or  profession,  whether  in  or  out  of  his  regular  place  of 
business,  (except  in  cases  of  extreme  illness  or  death)  up¬ 
on  Sunday.  For  every  violation  of  this  section  the  offen¬ 
der  shall  be  liable  to  a  fine  of  twenty-five  dollars,  to  be 
collected  as  other  fines,  upon  the  information  of  any  offi¬ 
cer  or  citizen.  If  complaint  shall  be  made  by  any  person 
other  than  an  officer,  one-half  of  the  fine  imposed  in  this? 
and  the  preceding  section  shall  be  paid  to  the  informer. 


CHAPTER  VII. 


THE  MARKET. 


Section. 

1.  Where  kept. 

2.  Assistant  Chief  of  Police  to  be 

Clerk  of  the  Market. 

3.  His  duties. 

4.  No  cider  ©r  liquor  to  be  sold  in 

Market. 

5.  Buying  during  market  hours  for 

resale  prohibited. 

0.  Times  of  selling. 

7.  Corn  meal  to  be  sold  by  weight,  j 

8.  Fodder,  <fcc .,  to  be  weighed  at 

public  scales. 

9.  Weigli-master,  his  duties. 

10.  Clerk  of  the  Market  to  keep  mar¬ 
ket  weights  and  measures. 

11.  Shall  test  false  weights  and 
measures,  when  suspected. 

12.  No  sales  at  auction  on  Square,  j 
unless  permitted. 

13.  Sales  of  certain  articles  outside  ! 
of  Market  prohibited. 


Section. 

14.  Beef,  veal,  &c.,  not  sold  by  steer- 
yard  weight. 

15.  Renters  to  keep  clean  stalls,  &e_ 

16.  Clerk  to  arrange  carts  and  wag¬ 
ons  at  Market. 

17.  Fodder,  shucks,  wood,  «fcc.,  ex¬ 
cluded  from  Market  Square 

18.  Clerk  to  rent  out  stalls  yearly. 

19.  No  re-renting  allowed. 

20.  No  person  to  be  interested  in- 
more  than  one  stall  at  the  same 
time. 

2’.  Clerk  to  collect  rents. 

22.  Clerk  to  keep  rules  posted. 

|  23.  Clerk  a  Police  officer. 

24  Fjsh  not  to  be  soaked  in  Market.. 

25.  Chief  of  Police  to  provide  bar¬ 
rels  for  emptying  garbage. 

26.  Fowl  coops,  number  and  dimen¬ 
sions. 

27.  Lights,  when  to  be  extinguished. 


Sec.  1.  The  Market  building  and  Square,  wherein  the- 
same  is  located,  shall  be  kept  as  a  public  market  places 


72 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


Every  day  shall  be  market  day,  except  Sunday  ;  and  the 
market  hours  shall  be  from  4  a.  m.  until  9  p.  m.  upon  every 
market  day,  except  Saturdays,  and  upon  Saturdays  from 
4  a.  m.  until  10  p.  m. 

Sec.  2.  The  Assistant  Chief  of  Police  shall  perform 
the  duties  of  Clerk  of  the  Market,  retaining  all  his  pow¬ 
ers  and  authorities  as  a  Policeman.  He  shall,  before  en¬ 
tering  upon  the  duties  of  his  office,  give  a  justified  bond 
in  the  sum  of  one  thousand  dollars,  for  the  faithful  per¬ 
formance  of  the  same.  His  compensation  shall  be  fixed 
by  the  Board. 

Sec.  3.  The  duties  of  the  Assistant  Chief  of  Police, 
acting  as  Clerk  of  the  Market,  shall  be  to  keep  the  Mar¬ 
ket-House  and  Square  clean  and  decent,  at  the  expense 
of  the  City ;  to  inspect  whatever  is  brought  to  market ;  to 
preserve  good  order  therein  ;  to  rent  out,  under  the  direc¬ 
tion  of  the  Aldermen,  the  stalls,  stands  and  benches,  and 
collect  the  same  for  the  benefit  of  the  City;  and  to  see 
that  these  regulations  be,  in  all  respects,  strictly  preserv¬ 
ed.  In  case  any  meat  or  other  article  be  offered  for  sale, 
which  he  shall  deem  unfit,  unsound  or  unwholesome,  he 
shall  direct  it  to  be  withdrawn;  and  if  this  direction  be 
not  complied  with,  the  person  offering  the  objectionable 
article  shall  be  subject  to  a  fine  of  five  dollars.  And  if  an}r 
person  attending  said  Market  shall  appear  there  intoxi¬ 
cated,  or  shall  act  in  a  rude  and  disorderly  manner,  he 
shall  be  taken  before  the  proper  authority,  and  on  con¬ 
viction  of  any  such  offence,  be  subject  to  a  fine  of  five 
dollars.  No  person  shall  sleep  or  loiter  in  the  Mar¬ 
ket-House  under  a  penalty  of  five  dollars,  to  be  recovered 
by  warrant  before  the  Mayor. :  and  in  case  any  person 
shall  fail  to  leave  the  Market-House,  and  remove  there¬ 
from  the  article  which  he  may  have  exposed  there  for 
sale,  within  fifteen  minutes  after  the  hour  of  closing  the 
same,  he  shall  be  subject  td  a  fine  of  five  dollars. 

Sec.  4.  No  person  shall  be  permitted  to  expose  to  sale 
in  the  Market-House  cider  or  other  liquor  used  as  a  bev 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


erage ;  and  any  one  exposing  to  sale  in  the  Market- 
House  or  within  twenty  feet  thereof  any  cider  or  such 
liquor  shall  forfeit  ten  dollars,  unless  by  express  permis¬ 
sion  of  the  Aldermen. 

Sec.  5.  Any  person  who  shall,  during  market  hours, 
buy  in  the  Market,  or  elsewhere  in  the  City,  any  article 
of  provision  usually  sold  at  the  Market,  except  wheat, 
corn,  flour,  bacon  and  lard,  with  intent  to  offer  the  same 
for  sale  again  within  the  City,  or  elsewhere,  shall  forfeit 
five  dollars  for  every  such  offence,  to  be  recovered  by 
warrant  before  the  Mayor  for  the  benefit  of  the  City. 

Sec.  fl.  No  article  of  produce  usually  sold  in  market, 
except  melons,  shall  be  exposed  to  sale  within  the  limits 
of  the  City  before  nine  o’clock  in  the  morning  on  any 
day  during  the  year  except  at  the  Market  House;  and 
any  persons  purchasing  such  article  or  articles,  either  in 
person  or  through  the  agency  of  others,  contrary  to  such 
restrictions,  shall  forfeit  and  pay  five  dollars  for  each  and 
every  offence.  And  no  one  buying  to  sell  again  shall  re¬ 
ceive  within  the  hours  forbidden  any  of  the  said  articles, 
unless  such  articles  shall  come  by  way  of  Railroad. 

Sec.  7.  All  corn  meal  sold  within  the  limits  of  the 
City  shall  be  by  weight,  and  forty-six  pounds  thereof 
shall  be  considered  equal  to  a  bushel.  Any  person  who 
shall  sell  meal  contrary  to  said  regulation,  shall  forfeit 
and  pay  for  each  bushel  so  sold  one  dollar,  one-half  of 
the  said  penalty  for  the  benefit  of  the  person  prosecuting 
for  the  same,  and  the  residue  to  be  paid  into  the  City 
Treasury. 

Sec.  8.  All  fodder,  oats,  hay  and  other  provender  sold 
in  this  City  shall  be  weighed  at  the  public  scales,  and 
the  Weigh-master  shall  give  a  certificate  of  the  weight  of 
the  load,  and  also  of  the  cart  or  wagon  when  unloaded; 
and  if  any  person  shall  sell  or  buy  any  fodder,  oats,  hay 
or  other  provender  which  has  not  been  weighed  as  herein 
directed,  he  shall  forfeit  five  dollars  for  each  offence. 


ORDINANCES  OF  IMF-;  CITY  OF  RALEIGH. 


Sec.  0.  A  Weigh-master  shall  be  appointed  by  the 
Board  of  Aldermen  on  the  first  meeting  in  June  in  each 
year,  or  as  soon  thereafter  as  may  be  determined  upon, 
who  shall  take  charge  of  the  scales  and  weigh  all  articles 
offered  for  sale,  giving  a  correct  certificate  of  the  weight, 
signed  by  himself.  He  shall  keep  a  correct  account  of 
the  name  of  the  seller,  the  weight  of  each  load,  and  the 
charge  for  weighing.  He  shall  charge  for  each  load 
weighing  less  than  five  hundred  pounds,  fifteen  cents; 
more  than  five  hundred  and  less  than  one  thousand 
pounds,  twenty  cents;  over  one  thousand  pounds, twenty- 
five  cents;  and  shall  have  one-half  the  receipts  for  his 
services.  He  shall  give  bond,  with  approved  security, 
in  the  sum  of  five  hundred  dollars,  for  the  faithful, per¬ 
formance  of  his  duties;  he  shall  settle  with  the  Treasurer 
monthly,  and  in  case  he  fail  so  to  do,  he  shall  forfeit  his 
office. 

Sec.  10.  The  Clerk  of  the  Market  shall  keep  at  the 
Market  a  set  of  suitable  scales  and  weights  for  weighing- 
heavy  articles,  and  a  set  for  weighing  light  articles,  and 
likewise  a  set  of  dry  measures,  all  properly  sealed,  which 
shall  be  the  standard  weights  and  measures ;  said  scales 
and  weights  shall  be  placed  in  some  convenient  part  of 
the  Market,  and  shall,  under  the  control  of  the  Clerk,  be 
free  for  the  use  of  buyers  and  sellers. 

Sec.  11.  The  Clerk  of  the  Market  shall,  when  he  deems 
proper,  test  by  his  standard  the  weight  measure  of 
any  article  sold  or  offered  for  sale  at  the  Market,  and  if  it 
be  found  that  such  weights  or  measures  are  below  the 
standard,  the  person  so  offending  shall  forfeit  a  sum  equal 
to  the  value  of  the  article  in  question,  and  also  the  arti¬ 
cle  itself,  the  same  to  be  seized  and  sold  for  the  benefit  of 
the  City. 

Sec.  12.  Any  person  who  shall  sell  any  property  at 
public  auction  on  the  Market  Square,  during  Market 
hours,  without  the  consent  of  the  Board  of  Aldermen 


ORDINANCES  OF  THE  CITY  OF  RALEIGH.  75 

and  the  payment  of  live  dollars  for  the  privilege,  shall 
forfeit  ten  dollars  for  every  offence. 

Sec.  13.  The  Clerk  of  the  Market  shall  prohibit  all  sales 
of  fresh  meats  and  fish  outside  the  stalls  in  the  Market- 
House,  under  a  penalty  of  ten  dollars  for  each  offence. 

Sec.  14.  Beef,  veal,  pork  and  other  fresh  meats,  togeth¬ 
er  with  butter  and  lard,  shall  be  sold  by  weight,  but  steel¬ 
yards  shall  not  be  used  for  weighing  them.  Fruit  and 
vegetables  shall  be  sold  by  dry  measure.  Any  person 
who  shall  sell  contrary  to  this  section  shall  forfeit  one 
dollar  for  every  such  offence. 

Sec.  15.  Every  renter  of  stalls  or  benches  shall  keep 
the  same  clean,  by  washing  or  scraping  them  oft*  every 
day  after  Market  hours.  The  entrails  and  offal  of  ani¬ 
mals  shall  be  secured  from  the  air  and  screened  from  view. 
Any  person  who  shall  violate  any  provision  of  this  section 
shall  forfeit  two  dollars  for  every  such  offence. 

Sec.  16.  The  Clerk  of  the  Market  shall  cause  every  cart 
or  wagon  bringing  any  article  to  market,  to  be  arranged 
in  regular  order  on  both  sides  of,  or  in  front  of  the 
Market-House,  as  he  may  deem  best,  the  rear  of  the  cart 
or  ^Tagon  being  disposed  for  the  greatest  convenience  to 
buyer  and  seller. 

Sec,  17.  It  shall  be  unlawful  for  any  person  to  bring 
into  the  Market-Square  for  sale  any  fodder,  straw,  shucks,- 
hay  or  wood,  under  a  penalty  of  five  dollars  for  every 
such  offence. 

Sec.  18.  The  Clerk  of  the  Market  shall  annually,  in 
the  month  of  January,  under  the  direction  of  the  Board 
of  Aldermen,  rent  out  publicly  the  fish  and  meat  stalls 
and  vegetable  benches  or  stands  in  the  Market-House,  for 
one  year,  giving  due  notice  of  the  time  of  renting  by 
posters  in  the  Market-House.  All  renters  shall  pay- 
monthly  in  advance,  and  it  shall  be  the  duty  oftheClerk 
of  the  Market  to  have  vacated  any  stall  where  renters  fail 
to  comply  with  the  provisions  of  this  section. 


76 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


19.  Any  person  who  shall  re-rent  or  under-let  any  stall, 
Ibench  or  stand  to  another  for  a  higher  rate,  shall  forfeit 
twenty-five  dollars  for  every  such  offence. 

Sec.  20.  No  person  shall  be  lessee  of  or  interested  in 
more  than  one  stall  at  the  same  time. 

Sec.  21.  All  rents  shall  be  collected  by  the  Clerk  of  the 
Market. 

Sec.  22.  The  Clerk  of  the  Market  shall  keep  posted  in 
a  conspicuous  place  in  the  Market-House,  printed  copies 
of  the  rules,  regulations,  rates  and  penalties  mentioned  in 
this  chapter.  He  shall  keep  books,  with  columns  for 
each  of  said  rates,  in  which  he  shall  enter  under  the  prop¬ 
er  heads  all  moneys  received.  He  shall  render  an  account 
of  all  such  moneys  and  of  all  fines  and  rents  received  by 
him,  and  pay  over  the  same  to  the  City  Treasurer  week¬ 
ly,  and  in  case  of  failure  to  do  so,  shall  pay  a  fine  of 
twenty-five  dollars  for  every  such  offence. 

Sec.  23.  The  Clerk  being  a  Police  officer,  any  person 
failing  to  obey  his  lawful  orders  shall  forfeit  five  dollars. 

Sec.  24.  No  fish-monger  or  other  person  shall  soak  fish 
within  the  Market  or  vicinity,  and  any  person  violating 
this  ordinance  shall  be  subject  to  a  fine  of  ten  dollars.  • 

Sec.  25.  It  shall  be  the  duty  of  the  Clerk  of  the  Market  to 
have  placed  on  the  streets  in  fr©nt  of  the  north  and  south 
doors  of  the  Market  House,  a  barrel  at  each  door  for  the  de¬ 
posit  of  all  garbage  and  refuse  vegetables  of  the  Market, 
and  hucksters  and  stall-keepers  are  hereby  required  to 
deposit  the  same  therein.  A  failure  to  conform  to  the 
provisions  of  this  ordinance  shall  subject  offenders  to  a 
fime  of  five  dollars  for  each  offence.  The  Clerk  of  the 
Market  shall  provide  for  the  emptying  and  draining  of 
the  barrels  daily. 

hSec.  26.  No  person  occupying  City  Market  stalls  shall 
be  allowed  to  use  but  one  fowl  coop  on  the  street  in  front 
&£  his  premises,  and  no  coop  shall  be  allowed  within  the 
stalls.  The  dimensions  of  the  coops  shall  be  as  follows  : 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


three  feet  wide  with  legs  two  feet  high.  The  owners  of 
these  coops  shall  be  compelled  to  keep  the  same  scrupu¬ 
lously  clean.  The  same  shall  be  under  the  supervision 
of  the  Clerk  of  the  Market,  and  any  person  violating  the  pro¬ 
visions  of  this  ordinance  shall  forfeit  and  pay  a  fine  of 
fen  dollars,  to  be  collected  on  warrant  by  the  Mayor,  on 
the  complaint  of  the  Clerk  of  the  Market,  or  of  any  citizen 
of  the  City. 

Sec.  27.  The  lights  in  the  Market  (except  those  used 
by  the  fish  sellers)  shall  be  extinguished  every  night  at  S 
o’clock,  except  on  Saturday  night. 


CHAPTER  VIII. 


metropolitan  hall. 


Section. 

1.  Renting,  when  and  by  whom* 

2*  Rates  to  be  determined  by  cir" 


Section* 

3.  Policemen  to  be  present  during 
exhibition. 


cumstances. 


4  Chairs,  & c.,  not  to  be  loaned. 


Sec.  1.  The  time  of  renting  shall  be  goverved  by  cir¬ 
cumstances,  to  be  judged  of  by  the  Mayor  acting  for  the 
Board  ;  or  when  he  may  not  act  for  any  cause,  whomsoever 
the  said  Board  shall  nominate. 

Sec.  2.  There  are  no  fixed  rates,  but  the  rent  shall  ht 
determined  according  to  the  nature  of  the  use  to  which 
the  Hall  is  to  be  put,  or  the  design  of  the  lessee,  and  shall 
be,  at  all  times,  reasonably  low. 

Sec.  One  or  more  Policemen  shall  be  present  at  every 
performance  to  preserve  order.  No  lady  shall  be  admitted 
unless  accompanied  by  a  gentlemen,  unless  she  be  known 
as  respectable. 

Sec.  4.  The  chairs  and  other  properties  belonging  in 
Metropolitan  Hall  shall  not  be  loaned  or  hired  outside 
the  Hall. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


j  8 


CHAPTER  IX. 


NUISANCES. 


Section. 

1.  No  tan-yard  or  slaughter-house 

permitted. 

2.  Stagnant  water  in  cellars. 

3.  Dead  animals. 

4.  Privies. 

5.  Privies  not  to  be  oxposed. 

6.  Privies,  how  located. 

7.  Sunken  privies,  how  built¬ 
's.  Street  Commissioner’s  duties  in 

reference  to  privies. 

•D.  Privies,  when  and  how  to  be 


cleaned. 

10.  Paradise  tx-ees. 

11.  Dishwater  and  slops. 

12.  Throwing  filth  in  streets,  Ac. 

IS.  Hog-stys. 

14-  Stud-horses  and  Jackasses. 

15.  Hallooing,  screaming,  Ac. 

16.  Indecent  exposures. 

17.  Fish-mongers. 

18.  Consignees  of  guano  or  other 
manure  to  remove  same,  Ac. 


Sec.  1.  No  tan-yard  or  slaughter-house  shall  hereafter 
he  established  within  the  limits  of  the  city.  Those  al¬ 
ready  in  existence  shall  he  moved  within  sixty  days  after 
notice,  and  any  person  failing  to  comply  with  this  ordi¬ 
nance  shall  forfeit  five  dollars  for  every  day  such  tan- 
yard  or  slaughter-house  shall  remain  after  notice  given 
for  its  removal. 

Sec.  2.  Stagnant  water  in  cellars  or  other  places  shall 
he  removed  on  notice  from  the  City  Marshal,  Street  Com¬ 
missioner,  Mayor  or  an  Aldermen  to  the  person  so 
offending,  on  pain  of  forfeiting  five  dollars  for  every  day 
it  shall  remain  after  such  notice. 

Sec.  3.  It  shall  be  the  duty  of  every  occupant  of  a  city 
lot  to  remove  from  the  same  any  dead  animal  or  other 
nuisance  which  may  happen  to  be  thereon,  without  the 
limits  of  the  City,  at  least  two  hundred  yards  from  the 
bounds  thereof,  and  from  any  public  road,  and  to  bury 
the  same,  if  it  be  a  large  animal,  on  pain  of  forfeiting 
twenty  dollars. 

Sec.  4.  No  privy  shall  be  permitted  to  stand  so  near 
any  public  street  as  to  be  offensive  to  passengers,  (they 
shall  be  at  least  ten  feet  from  the  street,)  on  pain  of  the 
uvner  or  occupier  of  such  property  forfeiting  ten  dollars ; 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


79 


and  if  continued,  after  a  conviction  has  taken  place,  five 
dollars  for  every  day  it  shall  remain ;  all  privies  to  be 
effectually  cleansed  once  every  month ;  and  within  the 
first  six  days  of  May,  June,  July,  August  and  September, 
annually,  in  order  to  prevent  them  from  becoming  of¬ 
fensive,  their  occupiers  shall  throw  into  them  a  sufficient 
quantity  of  lime  or  ashes,  on  pain  of  forfeiting  for  neg¬ 
lect  five  dollars. 

Sec.  5.  No  privy  within  the  limits  of  the  city  shall  be 
suffered  to  remain  exposed  in  such  a  manner  as  that  a 
hog  or  pig  can  enter  therein,  under  a  penalty  of  ten  dol¬ 
lars,  to  be  collected  by  warrant :  Provided,  That  in  every 
instance  the  owner  of  such  privy  shall  have  received  ten 
days  notice  from  the  City  Marshal  of  his  liability  to 
such  penalty,  and  he  shall  have  failed  to  repair  his  lot 
accordingly. 

Sec.  6.  All  new  privies  erected  on  any  lot  in  the  City 
shall  be  so  located  as  to  be  an  equal  distance  from  the 
dwelling  houses  on  the  adjoining  lot  or  lots,  as  they  may 
be  from  the  dwelling  house  on  the  lot  where  it  is  located. 
All  privies  now  erected  not  sustaining  such  relative  posi¬ 
tion  as  aforesaid  shall  be  removed  after  five  days  notice 
from  the  City  Marshal  to  the  owners  thereof,  and  if  such 
removal  is  not  made,  the  owner  thereof  shall  pay  five 
dollars  for  every  day  such  privies  remain  unremoved. 
This  section  shall  apply  also  to  hog  pens,  and  the  Mayor 
is  instructed  to  enforce  the  penalty  herein  prescribed  each 
day  the  offence  is  committed. 

Sec.  7.  No  privy  shall  be  sunk  in  the  ground  within 
the  City  limits  except  under  the  following  conditions  : 

1.  The  excavation  shall  not  be  more  than  ten  feet  in 
depth. 

2.  The  bottom  shall  be  of  brick  work  one  foot  thick, 
laid  in  hydraulic  cement. 

3.  The  sides  shall  likewise  be  of  brick  or  stone,  laid  in 
good  hydraulic  cement,  and  the  whole  plastered  with  ce¬ 
ment  and  coated  tight. 


80 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


4.  The  ventilator  to  said  privy  shall  open  at  least 
twenty-five  feet  from  the  surface  of  the  ground. 

All  privies  sunk  in  the  ground  not  built  according  to 
the  foregoing  regulations  shall  be  altered  so  as  to  be  con¬ 
formable  thereto.  Persons  violating  this  ordinance  shall 
pay  five  dollars  for  every  day  the  offence  shall  be  con¬ 
tinued  :  Provided ,  That  persons  having  privies  sunk  in 
the  ground  shall  be  allowed  thirty  days  to  alter  the 
same. 

Sec.  8.  It  shall  be  the  duty  of  the  Street  Commissioner 
to  see  that  the  provisions  of  this  ordinance  are  carried  in¬ 
to  effect,  and  after  the  expiration  of  thirty  days,  if  the 
party  shall  refuse  or  neglect  to  alter  his  privy  as  required 
for  ten  days  longer,  it  shall  be  the  duty  of  said  Commis¬ 
sioner  to  fill  up  said  privy. 

Sec.  9.  All  persons  having  their  privies  cleaned  out 
within  the  City  limits  shall  use  a  disinfectant,  so  as  to 
deodorize  the  filth,  and  all  cleaning  shall  be  done  be 
tween  sunset  and  sunrise.  All  persons  violating  this  sec¬ 
tion  shall  be  fined  not  less  than  five  dollars. 

Sec.  10.  The  Street  Commissioner  shall  notify  all  per¬ 
sons  having  Alanthus  or  Paradise  trees  on  their  lots  to 
cut  them  down,  and  after  the  expiration  of  fifteen  days, 
if  the  order  shall  not  be  complied  with,  the  Street  Com¬ 
missioner  shall  cut  them  down  and  remove  them. 

Sec.  11.  No  person  shall  be  suffered  to  convey  out  of 
his  or  her  kitchen  the  dish-water  and  other  slops  into 
any  of  the  streets  of  the  City,  on  pain  of  forfeiting  four 
dollars. 

Sec.  12.  Any  one  throwing  filth  in  the  streets,  ditches, 
gutters,  &c.,  from  the  jail,  privies,  or  otherwise,  shall  for¬ 
feit  ten  dollars  for  every  offence,  one-half  to  go  to  the  in¬ 
formant  and  the  other  half  for  the  benefit  of  the  City. 

Sec.  13.  No  hog-sty  shall  be  located  within  twenty-five 
feet  of  any  public  street  within  the  City ;  and  if  any  such 
sty  shall  be  located  contrary  to  the  meaning  of  this  ordi- 


ORDINANCES  OF  THE  CITY  OF  RALEIGH.  81 

nance  and  the  person  offending  fail  to  discontinue  it 
within  two  days,  on  being  notified  by  the  proper  author¬ 
ity,  he  shall  forfeit  five  dollars,  and  five  dollars  for  each 
day  it  may  be  allowed  to  stand. 

Sec.  14.  It  shall  not  be  lawful  hereafter  for  any  person 
to  exhibit  any  stud-horse  or  jackass  in  the  streets  of  the 
City,  or  to  put  any  mare  to  a  stud  or  jack  within  the 
limits  of  the  City ;  and  every  person  concerned  in  so  put¬ 
ting  a  mare  to  a  stud  or  jackass,  or  in  aiding  or  assisting 
in  putting  them  together,  or  in  causing  the  same  to  be 
done  contrary  to  this  ordinance,  shall,  for  every  offence, 
forfeit  the  sum  of  ten  dollars,  to  be  recovered  by  warrant 
before  the  Mayor. 

Sec.  15.  Any  person  who  shall  be  found  guilty  of  loud 
hallooing,  screaming  or  making  any  loud  or  extravagant 
noise  (except  in  case  of  fire)  in  the  City,  either  in  the  day 
or  night  time,  shall  forfeit  five  dollars. 

Sec,  16.  Any  person  who  shall  indecently  expose  him¬ 
self  in  any  place  in  open  day,  or  do  any  obscene  act  in 
any  public  place,  or  write  obscene  language,  or  make  ob¬ 
scene  marks  or  drawings  on  any  wall  in  any  public 
place,  or  affix  advertisements  or  bills  to  private  houses, 
fences  and  posts,  shall  forfeit  five  dollars  for  every  such 
offence. 

Sec.  17.  It  shall  be  the  duty  of  the  City  Policemen, 
under  the  direction  of  the  Mayor  or  any  Alderman, 
to  investigate  the  condition  of  the  privies,  back  yards  and 
other  places  in  the  City,  when  the  Aldermen  may 
require  it,  and  to  notify  the  owner  or  tenant  of  the  prem¬ 
ises  found  in  a  filthy  condition  to  cleanse  the  same.  If 
they  are  not  cleansed  within  five  days  after  notice  is  giv¬ 
en,  the  party  in  default  shall  forfeit  ten  dollars,  and  five 
dollars  additional  for  each  day  such  nuisance  shall  con¬ 
tinue. 

Sec.  13.  Every  consignee  of  guano  or  other  manure  or 
article  offensive  to  the  smell  or  detrimental  to  the  public 

6 


32 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


health,  shall,  within  five  clays  after  notice  in  any  manner 
of  its  arrival  at  either  Railroad  Depot  of  the  City,  remove 
the  same,  and  shall,  if  retained  within  the  City,  store  it 
in  such  manner  as  not  to  be  offensive  to  the  neighbor¬ 
hood,  or  detrimental  to  its  health  :  Provided ,  That  if  such 
consignee  is  a  resident  of,  or  has  a  place  of  business  in  the 
City,  it  shall  be  prima  facie  evidence  that  he  has 
notice  as  aforesaid.  Any  person  violating  this  section 
shall,  after  five  days  notice  from  the  Mayor,  through  a 
Policeman,  pay  a  penalty  of  twenty  dollars  for  every  day 
the  nuisance  shall  continue. 


CHAPTER  X. 

CONCERNING  DOGS,  HOGS  AND  OTHER  ANIMALS. 


Section. 

1.  Dogs  to  be  listed. 

2.  Penalty  for  not  listing. 

3.  Collector  to  prepare  collars. 

•4.  Owners  of  dogs  to  purchase  and 
attach  such  collars  to  dogs. 

5.  Chief  of  Police  to  capture  dogs 

not  wearing  collars,  &c. 

6.  Chief  of  Police  to  rent  lot  to  be 

used  as  pound,  &c. 

7.  Dog  or  slut,  the  property  of  non¬ 

resident  of  the  city,  to  be  deliv¬ 
ered  without  charge,  <fcc. 

8.  Dog  attached  to  vehicle  not  to  be 


Section. 

seized,  <fcc. 

9.  Chief  of  Police  to  prepare  in¬ 
struments  to  capture. 

10.  Hogs  not  to  run  at  large. 

11.  Loose  hogs  to  be  impounded  and 
sold. 

12.  Excess  over  expense  returned  to 
owner. 

13.  Hogs,  how  redeemed. 

14.  Goats  taxed. 

15.  Penalty  for  goats  running  at 
large. 

16.  Penal  section. 


,-  Sec.  1.  It  shall  be  the  duty  of  every  person  at  the  time 
of  giving  in  his  annual  list  of  taxable  property  for  the 
City,  to  declare  on  oath  the  number  of  dogs  or  sluts  he 
may  own,  or  which  may  belong  to  any  person  boarding 
or  residing  in  his  family. 

Sec,  2.  Should  any  person  fail  to  give  in  his  dog  or 
slut,  in  the  manner  prescribed,  he  sh^ll  forfeit  and  pay 
the  sum  of  five  dollars  for  each  dog  or  slut  so  omitted. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


83 


Sec.  3.  The  City  Marshal  shall  prepare  dog  collars,  not 
•exceeding  in  price  twelve  and  one  half  cents  each,  and 
he  shall  issue  one  to  each  person  presenting  the  certificate 
of  the  Collector  that  the  tax  has  been  paid. 

Sec.  4.  It  shall  be  the  duty  of  all  owners  of  dogs  or  sluts 
in  the  City  to  procure  from  the  Collector,  on  paying  the 
proper  tax,  a  collar  as  above  described,  which  shall  be 
attached  to  the  said  animal. 

Sec.  5.  It  shall  be  the  the  duty  of  the  City  Marshal  to 
capture  all  dogs  or  sluts  found  in  the  streets  or  other  pub¬ 
lic  places  in  the  City,  without  the  aforesaid  collar,  and  to 
Impound  him  or  her  for  three  days,  and  if  the  same  shall 
not  be  reclaimed  and  the  proper  tax  and  also  costs  and 
charges  paid  within  said  time,  then  it  shall  be  his  duty 
to  put  the  animal  to  death.  For  hig  services  in  carrying 
Ibis  ordinance  into  execution,  the  City  Marshal  shall  be 
allowed  as  follows :  For  capture  of  the  animal,  fifty  cents; 
for  feed  of  the  same,  per  day,  ten  cents ;  for  killing  and 
transportation  of  the  carcass  to  such  place  as  is  required" 
by  law,  fifty  cents ;  which  sums,  if  not  paid  by  the  owner, 
shall  be  a  charge  upon  the  City. 

Sec.  6.  The  City  Marshal  shall  rent  a  lot  within  or 
without  the  City  limits,  and  prepare  the  same  to  be  used 
as  a  pound,  the  expenditures  of  which  shall  be,  with  the 
the  advice  and  consent  of  the  Committee  of  Accounts, 
paid  by  the  City. 

Sec.  7.  If  the  dog  or  slut  belonging  to  any  person  not 
a  resident  of  the  City,  or  within  one  mile  of  the  City 
boundaries,  shall  be  secured  under  the  foregoing  pro¬ 
visions,  the  same  shall  be  delivered  to  the  claimant 
without  charge,  provided  the  claim  shall  be  made  within 
twenty-four  hours  after  seizure.  But  if  not  made  within 
said  time,  the  claimant  shall  pay  costs  and  charges. 

Sec.  8.  It  shall  not  be  lawful  to  seize  any  dog  or  slut  - 
belonging  to  any  person  not  a  resident  of  the  City,  if  the 
animal  shall  be  attached  to  a  vehicle  of  the  owner,  or 
'shall  be  within  his  personal  presence. 


84 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


Sec.  9,  The  City  Marshal  shall  be  authorized,  at  the  ex¬ 
pense  of  the  City,  with  the  advice  and  consent  of  the 
Committee  of  Accounts,  to  have  prepared  such  instru¬ 
ments  for  capturing  the  animals  liable  to  seizure  as  afore¬ 
said,  as  may  be  necessary  and  proper. 

Sec.  10.  No  hog  shall  be  permitted  to  run  at  large  in 
the  City. 

Sec.  11.  It  shall  be  the  duty  of  the  City  Marshal  to  im¬ 
pound  all  hogs  going  at  large,  and  to  sell  the  same  to  the 
highest  bidder  at  the  pound,  after  three  day's  notice  at 
the  Court  House  door,  unless  the  owner  shall  have  re¬ 
deemed  them  by  paying  to  the  City  Marshal  one  dollar 
and  all  expenses  of  impounding  them,  and  one  dollar 
shall  be  collected  as  often  as  the  hogs  shall  be  permitted 
by  their  owners  to  go  at  large. 

Sec.  12.  The  money  arising  from  the  sale  of  said  hogs 
over  one  dollar  and  all  expenses,  shall  be  paid  to  the 
owner,  or  to  the  City  Treasurer,  if  the  owner  cannot  be 
found. 

Sec.  13.  Hogs  belonging  to  non-residents  may  be  re¬ 
deemed  by  the  payment  of  twenty-five  cents  and  all  ex¬ 
penses  of  impounding  them,  and  all  money  received  for 
hogs  sold  belonging  to  non-residents  over  twenty-five 
cents  and  all  expenses,  shall  be  paid  to  the  owner,  or  to 
the  City  Treasurer  if  the  owner  cannot  be  found. 

Sec.  14.  Any  person  permitting  a  hog  to  run  at  large 
in  any  of  the  streets  of  the  City,  shall  be  subject  to  a  pen¬ 
alty  of  two  dollars. 

Sec.  15.  A  tax  of  three  dollars  shall  be  paid  for  every 
goat  going  at  large  in  the  City,  to  be  recovered  by  war¬ 
rant  before  the  Mayor,  and  each  day  such  animal  shall 
go  at  large  shall  constitute  a  distinct  offence. 

Sec.  16.  Any  person  who  shall  obstruct,  or  endeavor  to> 
obstruct,  the  execution  of  any  provision  of  this  chapter* 
shall  forfeit  twenty  dollars  for  every  such  offence. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


85 


CHAPTER  XI. 


POLICE  ORGANIZATION  AND  REGULATIONS. 


Section. 

1.  Organization  and  number. 

2.  Duties  of  Mayor  as  head  of  the 

Department. 

3.  City  Marshal,  election  and  du¬ 

ties. 

4.  Assistant  Chief  of  Police,  election 

and  duties. 

5.  Policemen,  election  and  duties. 

6.  Authority  to  summons  posse. 

7.  Power  to  enter  house. 

Duties  at  fire  and  miscellaneous. 

9.  Penalty  for  assaulting  officer. 

10.  When  policemen  unwell,  substi¬ 
tute  may  be  employed. 

11.  Mayor  may  commission  special 
policemen,  when. 


Section. 

12.  City  Marshal  to  make  weekly  re¬ 
turns. 

13.  Night  police  abolished.  Reliefs. 

14.  Duties  of  Officer  in  charge. 

15.  Officer  in  charge  responsible  for 
his  relief 

10.  Penalty  upon  policeman  for  neg¬ 
lect  of  duty. 

17  Penalty  for  failing  to  light  and 
extinguish  lamps 

18.  Responsibility  of  City  Marshal. 

19  Uniform  of  police  force 

20.  Duty  of  neatness. 

21.  To  keep  repeating  pistol. 

22.  Mayor  may  appoint  secret  de¬ 
tective. 


Sec.  1.  The  Police  organization  for  the  City  shall  consist 
of  the  Mayor,  the  City  Marshal,  the  Assistant  Chief  of  Po¬ 
lice,  and  as  many  Policemen  as  the  Board  of  Aldermen 
shall  from  time  to  time  determine. 

Sec.  2.  The  Mayor  shall  have  the  general  control  and  su¬ 
pervision  of  the  Police  Department,  and  may  at  any  time 
discharge  any  member  of  the  police  force,  except  the  City 
Marshal  and  the  Assistant  Chief;  subject,  however,  to  an 
^appeal  from  his  decision  to  the  Board  of  Aldermen. 

Sec.  3.  The  City  Marshal  shall  be  elected  at  the  first  regular 
meeting  in  Ma}^  of  each  year.  He  shall  give  bond  paya¬ 
ble  to  the  City,  in  the  sum  of  three  thousand  dollars,  con¬ 
ditioned  for  the  faithful  performance  of  his  duties.  He 
shall  be  Chief  of  Police  and  shall  superintend  and  reg¬ 
ulate  the  Department.  He  shall  make  out  and  present 
to  the  Board  of  Aldermen  monthly,  at  their  regular  meet¬ 
ing,  a  pay  roll  of  all  the  salaried  officers  of  the  City.  He 
shall  keep  a  Record  Book  and  enter  therein  all  violations 
of  City  ordinances  and  Police  regulations,  and  by  whom 
committed,  and  he  shall  transfer  from  said  Record  Book 


86 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


to  the  Mayor’s  Trial  Docket  all  cases  requiring  judgment.. 
He  shall  report  to  the  Mayor  each  day,  at  an  hour  to  be 
designated  by  the  Mayor,  with  the  Trial  Docket  fully- 
prepared.  The  Record  Book  shall  alwa}7s  be  subject  to- 
the  inspection  of  the  Mayor  and  of  any  member  of  the. 
Board  of  Aldermen.  It  shall  be  the  duty  of  the  City 
Marshal  to  collect  all  the  taxes  not  embraced  in  the  list¬ 
ed  taxes,  and  all  fines  and  costs  imposed  by  the  Mayor,, 
and  upon  all  his  collections  he  shall  receive  five  per  cent.. 
commission.  He  shall  pay  over  to  the  Treasurer  each 
week  the  amount  received  by  him,  accompanied  with  a 
sworn  statement  as  provided  in  Chap  XIII.  He  shall  fur¬ 
ther  perform  all  the  duties  imposed  upon  him  in  these  or¬ 
dinances  and  which  may  hereafter  be  imposed  by  the 
Board.  His  rate  of  compensation  shall  be  fixed  by  the 
Board. 

Sec.  4.  The  Assistant  Chief  of  Police  shall  be  elected  at 
the  first  regular  meeting  in  May  of  each  year  or  as  soon 
thereafter  as  the  Board  may  determine.  He  shall  be  Clerk  of 
the  Market  as  provided  in  Chapter  VII  of  the  Ordinances 
and  shall  give  the  bond  and  perform  all  the  duties  there^ 
in  required.  He  shall  also  assist  the  City  Marshal  in  the 
discharge  of  his  various  duties,  and  perform  such  other 
services  as  the  Board  may  from  time  to  time  require,  and 
his  rate  of  compensation  shall  be  determined  by  the 
Board. 

Sec.  5.  The  Policemen  shall  be  elected  for  the  term  of  six 
months,  subject  to  removal  as  provided  in  section  2.  It 
shall  be  their  duty  to  suppress  all  disturbances  of  the 
quiet  and  good  order  of  the  City,  and  to  arrest  all  of¬ 
fenders  against  the  same;  to  prevent,  as  far  possible,  all 
injury  to  the  City  property  and  buildings,  and  the  streets 
and  sidewalks,  and  to  report  to  the  Mayor  any  repairs 
needed  ;  to  ascertain  if  spirituous  or  malt  liquors  are  re¬ 
tailed  by  any  person  in  the  City  other  than  those  recom¬ 
mended  and  licensed,  and  report  all  such  persons  so  re¬ 
tailing  to  the  mayor. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


87 


Sec.  6.  The  Policemen  shall  have  authority,  if  resisted  in 
the  execution  of  their  official  duties,  to  summon  a  suffi¬ 
cient  number  of  men  to  aid  them  in  enforcing  the  law  ; 
and  if  any  persons  so  summoned  shall  refuse  to  assist,  the 
Policeman  is  hereby  directed  to  report  the  names  of  such 
persons  to  the  Mayor,  who  is  directed  to  proceed  against 
them  as  the  law  directs. 

Sec.  7.  The  City  Policemen  shall  have  power  to  enter  the 
enclosure  and  house  of  any  person,  without  warrant,  when 
they  have  good  reason  to  believe  any  of  the  laws  of  the 
State  or  ordinances  of  the  City  are  violated,  for  the  ap_ 
prehension  of  any  person  so  offending ;  and,  if  necessary^ 
to  summon  a  posse  to  aid  them,  and  all  persons  so  sum¬ 
moned  shall  have  like  authority. 

Sec.  8.  Upon  the  occurrence  of  a  fire  the  Policemen  shall 
give  instant  alarm  by  ringing  the  bells  of  the  City,  and 
shall  be  present  at  every  fire  to  preserve  order  and  pro- 
tect  property,  under  the  direction  of  Mayor.  They  shall 
not  enter  any  house  or  yard  except  in  pursuit  of  a  fugi¬ 
tive  or  to  suppress  disorder.  No  Policemen  shall  partici¬ 
pate  in  any  political  or  other  meeting  while  on  duty; 
they  are  also  forbidden  to  frequent  liquor  houses  except 
in  the  legitimate  discharge  of  their  duties.  A  failure  to 
conform  to  the  provisions  of  this  ordinance  will  subject 
the  offender  to  immediate  discharge.  They  shall  secure 
in  Jail  or  in  the  Guard  House  all  persons  who  shall  make 
a  disorderly  noise  in  any  street  or  elsewhere  in  the  City* 
or  who  shall  in  any  other  way  disturb  the  good  order  of 
the  City,  or  violate  the  ordinances  of  the  City  or  the  laws 
of  the  State.  Any  person  confined  in  the  Guard  House 
by  day  or  night,  as  directed  in  this  or  other  chapters, 
may  be  released  upon  paying  two  dollars  and  cost  of  war¬ 
rant,  unless  he  has  committed  an  offence  subjecting  him 
to  a  higher  penalty. 

Sec.  9.  Any  person  who  shall  assault,  oppose  or  resistor 
in  any  manner  abuse  or  insult  any  officer  of  the  City  ©r 


88 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


member  of  the  Police,  while  in  the  discharge  of  any  duty, 
shall  forfeit  twenty-five  dollars,  or  suffer  imprisonment 
not  to  exceed  one  month. 

Sec.  10.  When  any  member  of  the  Police  shall  be  unable, 
from  sickness  or  other  unavoidable  cause,  to  perform  his 
duty,  he  shall  notify  the  Mayor,  who  is  hereby  authorized 
to  employ  a  substitute  for  the  particular  occasion ;  the  ex¬ 
penses  of  the  said  substitute  to  be  deducted  from  any 
amount  due  the  said  Policeman. 

Sec.  11.  On  Sundays  and  other  days,  when  in  the 
Mayor’s  judgment  it  may  be  necessary,  the  Mayor  shall 
be  authorized  to  appoint  and  commission  special  Police¬ 
men  to  take  charge  of  Oak  wood  and  other  cemeteries  of 
the  City,  also  of  the  Capitol  and  other  public  squares  and 
lots,  the  various  Churches  and  other  places  of  public 
gathering  :  Provided ,  The  City  shall  not  be  liable  to  any 
expense  on  this  account,  and  the  Mayor  shall  be  author¬ 
ized  to  withdraw  any  authority  granted  under  this  or¬ 
dinance,  and  to  appoint  other  officers  whenever  he  may 
deem  it  expedient. 

Sec.  12.  The  City  Marshal  shall  be  required  to  make 
on  Tuesday  of  each  week,  returns  on  oath,  before  an  offi¬ 
cer  qualified  to  administer  an  oath,  of  all  taxes,  fines, 
forfeitures  and  collections  of  every  kind,  which  have 
been,  or  ought  to  have  been,  received  by  him,  by  virtue 
of  his  office,  for  the  preceding  week,  not  previously  re¬ 
turned.  Said  statement  shall  be  filed  with  the  Clerk  of 
the  Board  of  Aldermen,  who  shall  report  the  same  to  the 
Board  at  their  first  meeting  held  thereafter ;  and  the  said 
City  Marshal  shall  pay  to  the  Treasurer  of  the  Board,  for 
the  use  of  the  City,  weekly,  the  amount  owing  by  him. 

Sec.  13.  There  shall  be  no  distinction  between  the  day 
and  night  Police.  The  Police  force  shall  be  divided  into 
three  reliefs,  and  each  relief  shall  be  on  duty  for  eight 
hours  consecutively.  One  relief  shall  always  be  on  duty 
at  the  Guard  House  as  a  reserve,  unless  absent  on  other 
duty. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


89 


Sec.  14.  The  officer  in  charge  of  the  reserve  relief 
shall  habitually  remain  at  the  Guard  House.  When 
necessary  he  shall  give  the  fire  alarm.  He  shall  have 
•charge  of  all  prisoners  and  shall  make  the  proper  detail 
from  the  reserve  to  guard  the  prisoners  who  may  be  at 
work  on  the  streets.  Each  relief  shall  be  transferred 
weekly  in  regular  rotation. 

Sec.  15.  The  officer  in  charge  of  each  relief  shall  have 
direct  control  of  it  and  shall  be  responsible  for  any  der¬ 
eliction  of  duty  on  the  part  of  any  member  thereof,  un¬ 
less  he  report  the  same  to  the  Mayor  or  City  Marshal.  It 
shall  be  his  duty  to  visit  every  member  of  his  relief  at 
least  once  during  the  time  they  may  be  on  post.  He 
shall  report  to  the  City  Marshal  daily  at  9  a.  m.,  or  at 
such  hour  as  the  Mayor  may  designate. 

Sec.  16.  No  Policeman  shall  leave  the  division  in 
which  he  may  be  posted  without  the  consent  of  the  offi¬ 
cer  in  charge,  unless  in  pursuit  of  a  criminal.  Any  Po¬ 
liceman  who  shall  be  found  sitting  down  on  his  post 
shall  be  fined  one  dollar  for  each  offence,  which  shall  be 
deducted  from  his  monthly  pay,  unless  he  shall  render  a 
satisfactory  excuse.  He  shall  not  stop,  nor  loiter  nor 
talk  with  any  person  except  in  the  discharge  of  his  duty. 

Sec.  17.  If  any  Policeman  shall  fail  to  light  or  extin¬ 
guish  the  street  lamps  at  the  proper  time  in  the  division 
in  which  he  may  be  posted,  he  shall  be  fined  fifty  cents 
for  each  lamp  so  neglected,  to  be  deducted  as  provided  in 
the  preceding  section. 

Sec.  18.  The  City  Marshal  is  responsible  for  the  execu¬ 
tion  of  the  above  regulations,  and  he  is  hereby  author¬ 
ized  and  instructed  to  make  such  arrangements  as  may 
be  necessary  to  carry  them  out. 

Sec.  19.  The  uniform  of  each  member  of  the  Police 
force  shall  be  as  follows : 

Blue  Police  cap,  with  the  number  of  the  wearer  on  the 
band,  just  above  the  vizor. 


90 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


Blue  frock  coat,  long,  double-breasted,  with  brass  Po¬ 
lice  buttons. 

Blue  pants.  Leather  belt,  with  baton  suspended  on 
left  side. 

Sec.  20.  Each  Policeman  shall  habitually  present  him¬ 
self  at  the  proper  hour  at  the  Guard  House,  dressed 
neatly,  with  shoes  blacked  and  hair  trimmed. 

Sec.  21.  Each  Policeman  shall,  when  required,  wear  a 
repeating  pistol  loaded  in  his  holster.  Any  Policeman 
who  shall  fail  to  keep  his  pistol  in  good  order  shall  be 
lined  fifty  cents,  to  be  deducted  fiom  his  monthly  pay. 

Sec.  22.  Whenever  in  the  opinion  of  the  Mayor  it 
shall  be  necessary  to  employ  a  secret  detective,  the  May¬ 
or  shall  have  power  to  do  so ;  Provided ,  That  no  greater 
expense  than  one  hundred  dollars  shall  be  incurred  with¬ 
out  a  vote  of  the  Board  of  Aldermen. 


CHAPTER  XII. 

TAXATION,  LICENSES,  &C. 


Section. 

1.  Retailers  of  liquors  to  apply  for 

license. 

2.  Selling  on  Sunday  inviolates  li¬ 

cense. 

5.  Penalty  for  selling  without  li¬ 

cense. 

4.  Penalty  for  selling  on  Sunday, 
a.  All  licences  to  expire  in  May. 

6.  Tax  on  retailers. 

7.  Persons  desirous  of  keep  res¬ 

taurant,  must  apply  in  writu);. 


Skction. 

8.  Tax  on  restaurants. 

Tax  on  drays,  &c. 

in.  Owners  of  drays,  what  tocharge. 

11.  License  for  dance  or  ball. 

12.  Property  exempted  from  taxa¬ 
tion. 

13.  4 ox  on  Circuses,  Menageries, 
etc. 

14.  Tax  on  exhibition  of  machine¬ 
ry,  etc. 


Sec.  1.  Every  perso  i  desirous  of  obtaining  a  license  to 
retail  spirituous  or  malt  liquors,  shall  make  application 
in  writing  to  the  Board  of  Aldermen,  specifying  the 
place  where  the  retailing  is  to  be  done ;  and  the  license, 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


91 


if  granted,  shall  be  granted  to  retail  at  that  place,  and  no 
other :  Provided,  however ,  That  he  may  change  his  place 
of  retailing  by  permission  of  the  Board. 

Sec.  2.  Every  license  issued  to  retail  spirituous  or  malt 
liquors  shall  contain  an  express  condition  that  it  shall  be 
void  in  case  the  person  obtaining  it  shall  sell  any  spirit¬ 
uous  liquors  on  Sunday. 

Sec.  3.  Every  person,  druggists  excepted,  who  shall,  m 
the  City,  or  within  the  limits  thereof,  sell  any  spiritous 
liquors  by  a  measure  less  than  a  quart,  or  any  lager 
beer,  ale,  porter  or  other  malt  liquors  by  a  measure  less 
than  a  gallon,  without  first  having  obtained  a  license 
from  the  Board  of  Aldermen  and  paid  the  license  tax, 
shall  forfeit  twenty  dollars  for  every  such  act  of  selling. 

Sec.  4.  Every  person,  druggists  excepted,  whether 
licensed  or  not,  who  shall  sell  any  spirituous  liquors  in. 
any  quantity  on  Sunday,  shall  forfeit  and  pay  twenty- 
five  dollars ;  and  in  addition  thereto,  may,  on  conviction 
before  the  Mayor,  he  adjudged  to  have  forfeited  his 
license.  No  druggist  without  license  shall  sell  any  spiritu¬ 
ous  or  malt  liquors  by  measure  less  than  a  quart,  except 
on  prescription  of  a  regular  physician. 

Sec.  5.  All  licenses  hereafter  issued  shall  be  granted 
only  to  the  first  Monday  in  May  of  each  year,  and  all 
subsequent  applications  shall  he  charged  pro  rata  from 
the  first  of  the  month  in  which  such  application  is  made 
until  the  first  Tuesday  in  the  month  of  May  next  ensu¬ 
ing. 

Sec.  6.  A  tax  of  one  hundred  dollars,  payable  in  cash* 
is  hereby  imposed  on  each  person  obtaining  a  recommen¬ 
dation  to  the  County  Commissioners  to  retail  spirituous 
or  malt  liquors  by  the  small  measure  for  one  year,  and 
the  applicant  shall  pay  that  sum  to  the  City  Marshal  be¬ 
fore  the  recommendation  shall  be  issued  by  the  Clerk  of 
the  Board. 

Sec.  7.  Every  person  desiring  to  open  a  victualing- 
house  or  restaurant  in  the  City,  shall  make  application 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


m 


&©  the  Board  of  Aldermen  in  writing ;  and  the  license 
If  granted,  shall  be  issued  by  the  Clerk  of  the  Board,  who 
Is  hereby  directed  to  record,  in  his  book,  the  name  o  1 
the  applicant  and  the  date  of  the  license,  also  the  name 
of  the  applicant  for  retail  license  and  the  date  of  the  retail 
license.  Any  person  who  shall  establish  a  restaurant  or 
eating  house  within  the  City  without  haying  first  paid 
the  license  tax  to  the  City  Marshal,  shall  forfeit  twenty- 
five  dollars  for  each  offence. 

Sec.  8.  A  tax  of  not  less  than  twenty-five  nor  more 
than  fifty  dollars,  is  hereby  imposed  upon  each  person 
licensed  to  keep  a  restaurant  for  one  year. 

Sec.  9.  No  person  shall  run  a  public  wagon  or  dray  in 
the  City  for  hire,  without  first  paying  the  taxes  required 
hy  law  and  procuring  a  license  from  the  City  Clerk,  un¬ 
der  a  penalty  of  five  dollars  for  each  and  every  violation. 
The  City  Marshal  shall  have  every  public  wagon  or  dray 
in  the  City  numbered. 

Sec.  10.  If  the  owner  of  a  one-horse  dray  or  wagon 
shall  charge  or  receive  more  than  twenty-five  cents  for 
carrying  one  load  to  any  part  of  the  City,  he  shall  for¬ 
feit  five  dollars.  If  the  owner  of  a  two-horse  dray  or 
wagon  shall  charge  or  receive  more  than  fifty  cents  for 
carrying  a  load  to  any  part  of  the  City,  he  shall  forfeit 
tern  dollars,  one-half  of  the  sum  in  each  case  to  be  paid  to 
the  informer,  if  not  an  officer  of  the  City. 

Sec.  11.  That  every  person  desirous  of  giving  any  ball, 
dance  or  musical  entertainment,  except  for  charitable  or 
religious  purposes,  at  which  there  is  charged  an  entrance 
fee,  shall  apply  to  the  City  Marshal  for  license  to  hold 
ihe  same,  and  shall  pay  for  such  license  the  sum  of  ten 
dollars. 

Sec.  12.  No  property  in  the  City  liable  to  taxation 
shall  be  exempt,  except  churches,  parsonages,  and  free 
school  houses. 

Sec.  13.  Every  Circus  Company  shall  pay  a  tax  of  fif¬ 
teen  dollars  for  each  exhibition :  every  Menagerie  shall 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


pay  ten  dollars  for  each  exhibition ;  every  Circus  Com¬ 
pany  and  Menagerie  combined  shall  pay  twenty-five 
dollars  for  each  exhibition,  and  every  Side-Show  of  what¬ 
ever  description  connected  with  a  Circus  or  Menagerie^ 
shall  pay  five  dollars  for  each  exhibition.  Every  Theatri¬ 
cal  Company  and  every  Company  giving  giving  Con¬ 
certs  for  reward  shall  pay  five  dollars  for  one  perform¬ 
ance  ;  for  twTo  performances,  eight  dollars ;  for  three,  ten 
dollars;  for  four,  twelve  dollars;  for  more  than  four*  fiT 
teen  dollars.  Every  other  show  for  reward  (models  of 
useful  inventions  and  shows  for  benevolent  purposes  ex¬ 
cepted)  shall  pay  five  dollars  for  each  exhibition.  If  these 
taxes  shall  not  be  paid  before  exhibition,  they  shall 
be  doubled.  Organ  Grinders  and  Street  Musicians,  non¬ 
residents  of  the  county  of  Wake,  shall  pay  twenty-five 
dollars  per  annum. 

Sec.  14.  Every  exhibitor  of  any  machine  and  apparatus 
designed  for  the  public  amusement,  for  the  seeing  or  using 
of  which  compensation  shall  be  charged,  not  specially- 
mentioned  in  some  othor  ordinance,  shall  pay  ten  dollars 
each  six  months  or  part  thereof  the  same  shall  be  on  ex¬ 
hibition  :  Provided ,  That  this  ordinance  shall  not  apply 
to  exhibitions  strictly  scientific,  nor  to  those  where  the  en¬ 
tire  proceeds  shall  be  devoted  to  charitable  or  education¬ 
al  purposes. 

Sec.  15.  The  license  tax  for  offering  for  sale  goods  by* 
sample,  or  otherwise  peddling  within  the  limits  of  the 
City,  shall  be  twenty  dollars.  Any  person  peddling,  by- 
sample  or  otherwise,  without  license,  shall  pay  a  fine  of 
fifty  dollars. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


m 


CHAPTER  XIII. 


'CLERK  AND  TAX-COLLECTOR,  AND  MISCELLANEOUS  PROVI¬ 
SIONS  RESPECTING  OFFICERS. 


Section. 

Fee  for  license. 

2.  Fee  for  collecting  tax,  &c., 

3.  To  keep  room,  to  have  office- 

hours  <fcc. 


Section. 

4.  Form  of  tax  receipt. 

5.  Form  of  Treasurers  receipt. 

6  Officers  to  pay  taxes  to  the  Treas¬ 
urer  week. 


Sec.  1.  The  Clerk  of  the  Board  of  Aldermen  shall  be  en¬ 
titled  to  demand  and  receive  a  fee  of  one  dollar  for  each 
auctioneer’s  license,  for  each  retail  license,  and  for  any 
other  license  he  may  be  authorized  to  issue,  to  be  paid  by 
the  applicant  upon  delivery  of  the  license. 

Sec.  2.  The  Tax  Collector  shall  be  allowed  the  amount 
prescribed  in  the  Charter,  and  the  Clerk  of  the  Board  the 
sum  of  five  dollars  per  annum,  and  the  same  person  shall 
%e  chosen  for  both  offices. 

Sec.  3.  The  Clerk  of  the  Board  and  Tax  Collector  shall 
liave  a  room  in  the  market  building  for  the  transaction 
oi  business.  He  shall  have  daily  office  hours,  not  less 
than  four  each  day,  during  which  he  shall  attend  to  the 
collection  of  taxes  and  other  moneys  due  the  City,  and 
perform  all  other  duteis  prescribed  for  the  Clerk  of  the 
Board  of  Aldermen.  The  bond  of  this  officer,  for  the 
faithful  performance  of  his  duties  shall  be  fixed  at  twen¬ 
ty  thousand  dollars. 

Sec.  4.  When  the  Tax  Collector  shall  give  a  receipt 
for  taxes  paid,  he  shall  endorse  thereon,  the  amount  of 
said  taxes  which  was  paid  in  cash,  and  the  amount  which 
was  paid  in  City  scrip,  which  endorsement  he  shall  also 
make  on  the  stubs  of  the  receipt. 

Sec.  5.  The  City  Treasurer  shall  state  in  each  and  every 
receipt  he  may  give  to  the  Tax  Collector  in  what  manner 
the  amount  was  paid,  whether  in  cash  or  in  scrip,  and  he 
shall  keep  an  account  of  such  receipts  open  to  the  inspec¬ 
tion  of  the  Board  whenever  called. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


95 


Sec.  6.  The  City  Marshal,  Clerk,  or  other  person  re¬ 
ceiving  money  belonging  to  the  City  ( except  taxes )  shall 
pay  over  the  same  to  the  Treasurer  on  Tuesday  of  every 
week,  and  shall  accompany  such  payment  with  a  sworn 
statement  showing  from  where  and  on  what  account  the 
same  was  received,  whether  it  was  paid  in  cash  or  scrip, 
and  the  date  of  its  receipt. 

Sec.  7.  All  officers  of  the  City  having  any  of  the  prop¬ 
erty  of  the  City  in  their  charge,  shall  report  an  inventory 
of  the  same  on  the  first  day  of  November  and  May  of 
each  year. 


CHAPTER  XIV. 


THE  AUDITOR  AND  HIS  DUTIES. 


Section. 

1.  Election  and  bond 

2.  Duty  to  audit  orders. 


Section. 

3.  Duty  to  audit  receipts. 

4.  Reports  and  other  duties. 


Sec.  1.  There  shall  be  annually  elected  onjthe  first  meet¬ 
ing  in  May,  or  as  soon  thereafter  as  the  Board  of  Aldermen 
shall  determine,  an  Auditor  of  the  City,  wffio  may  or  may 
not  be  a  member  of  the  Board.  His  salary  shall  not  ex¬ 
ceed  two  hundred  dollars,  and  he  shall  give  bond  pay¬ 
able  to  the  City  in  the  sum  of  one  thousand  dollars  for 
the  faithful  performance  of  his  duties. 

Sec.  2.  It  shall  be  the  duty  of  the  Auditor  of  the 
City  to  audit  all  orders  on  the  Treasurer  issued  by  the 
Clerk  of  the  Board,  and  to  enter  on  a  book  prepared  for 
the  purpose  all  orders  so  issued,  with  the  Auditor’s  date 
and  number ;  and  also  the  date  and  number  of  the  Clerk, 
the  amount  of  the  order,  t©  whom  payable  and  on  what 
account. 

Sec.  3.  It  shall  also  be  the  duty  of  the  Auditor  to  en¬ 
ter  on  a  book,  prepared  for  the  purpose,  duplicates  of  alL 


96 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


receipts  given  by  the  Treasurer  of  the  City,  with  the  num¬ 
ber  and  amount  of  the  receipt,  the  party  paying  the 
money  into  the  Treasury,  and  from  what  source  the 
money  has  been  derived,  with  the  date  of  the  receipt  by 
the  Auditor. 

Sec.  4.  It  shall  be  his  duty  to  report  to  the  Board 
each  month  all  duplicates  of  receipts  given  by  the  Treas¬ 
urer,  with  the  party  by  whom  the  money  has  been  paid 
to  the  Treasurer,  the  amount  of  each  receipt  and  the 
source  from  which  the  moneys  paid  has  been  derived* 
also  to  report  all  orders  issued  by  the  Clerk,  to  whom 
payable,  on  what  account  and  the  amounts.  The  Audi¬ 
tor  shall  further  perform  such  duties  as  the  Board  may 
hereafter  impose  upon  him. 


CHAPTER  XV. 

THE  CEMETERIES. 


Section. 

1.  The  Cemeteries. 

2.  Sexton  to  be  appointed. 

3.  Sexton  to  dig  all  graves. 

4.  Sexton’s  duty  to  see  ordinances 

enforced. 

5.  Sexton  to  keep  cemetery  in  or¬ 

der. 

6.  Sexton’s  duty  to  keep  a  book  of 

record. 

7.  All  graves,  how  dug. 

8.  Fees  allowed. 

9.  No  person  to  dig  a  grave  but  the 

Sexton,  except  on  private  burial 
lots. 

10.  No  person  to  dig  a  grave  on  pri¬ 
vate  lot  except  under  direction 
of  owner. 

11.  No  person  to  remove  stakes. 

12.  No  person  to  cut  or  injure  any 
tree,  shrub,  or  plant,  &c. 

13.  No  person  to  discharge  fiiearms 


Section* 

in  the  cemetery. 

14.  No  person  to  ride  or  drive  in  the 
cemetery  faster  than  a  walk. 

15.  No  person  to  deposit  filth,  &e. 

16.  No  person  to  excavate  or  remove 
earth. 

17.  Cemetery  not  to  be  used  as  a 
play  ground. 

18.  Duty  of  City  Marshal  to  lay  off 
lots. 

19.  No  person  to  purchase  more 
than  300  square  feet. 

20.  City  Marshal  to  issued  certifi¬ 
cate. 

21.  Duty  of  Marshal  to  collect 
money. 

22.  City  Marshal  to  be  present  at 
laying  off  of  graves. 

23.  Poli  «e  powers  given  to  the  Sex¬ 
tons  and  their  assistants. 


Sec.  1.  The  City  Graveyard,  between  Hargett  and 
Newbern  Streets,  east  of  East  street,  hereafter  shall  be 


KMIDI  NANCES  OF  THE  CITY  OF  RALEIGH.  07 

rased  exclusively  for  the  burial  of  white  persons,  and  the 
Colored  Cemetery  on  the  Fayetteville  Road,  shall  be 
used  exclusively  for  the  burial  of  colored  persons. 

Sec.  2.  There  shall  be  appointed  at  the  regular  De¬ 
cember  meeting  of  the  Board,  in  each  and  every  year 
hereafter,  a  Sexton  to  take  charge  of  the  City  Cemetery, 
and  a  Sexton  to  take  charge  of  the  Colored  Cemetery. 

Sec.  3.  Each  Sexton  shall  have  the  digging  of  all  the 
graves  in  his  cemetery,  at  such  prices  as  are  hereinafter 
established,  as  a  part  of  his  compensation. 

Sec.  4.  It  shall  be  the  duty  of  the  Sextons  to  see  that 
all  the  laws  concerning  the  cemeteries  are  duly  observed 
and  enforced,  and  in  case  of  infraction  to  report  the  same 
to  the  Mayor. 

Sec.  5.  They  shall  keep  their  respective  cemeteries  in 
a  neat  and  clean  condition,  performing  all  work  which 
they  may  be  directed  to  do  by  the  Board,  and  give  their 
whole  time  to  work  in  the  cemetery,  and  for  this  they 
shall  be  paid  the  further  allowance  of  one  hundred  dol¬ 
lars  a  year  each,  out  of  the  City  Treasury. 

Sec.  6.  It  shall  be  the  duty  of  each  Sexton  to  keep  a 
.  book,  in  which  the  name,  age,  disease  of  deceased,  and 
date  of  burial  in  their  respective  cemeteries  are  recorded, 
keeping  a  distinction  between  whites  and  blacks,  and 
also  defining,  as  near  as  possible,  the  spot  where  each 
body  is  buried ;  and  each  Sexton  shall  make  a  report 
thereof  to  the  Board  of  Aldermen  at  their  first  regular 
meeting  in  June  and  December  in  each  and  every  year. 

Sec.  7.  All  graves  shall  be  at  least  five  feet  in  depth, 
and  be  sunk  due  east  and  west. 

Sec.  8.  The  following  fees  shall  be  allowed  the  Sex¬ 
ton,  viz :  For  digging  a  plain  grave  and  filling  up  the 
•same,  two  dollars;  children  not  over  ten  years,  one  dol¬ 
lars  and  fifty  cents  ;  for  digging  box  grave  and  filling  up 
the  same,  three  dollars  ;  children  not  over  ten  years,  two- 
'-dollars ;  vault  grave,  four  dollars  ;  working  on  private 


98 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


lots  in  cemetery,  to  be  paid  by  the  owner,  twenty -five 
cents  an  hour  or  two  dollars  per  day. 

Sec.  9.  No  person  other  than  the  regularly  appointed 
Sexton,  shall  dig  any  grave,  or  dig  up  any  sod  in  tin- 
cemetery,  except  on  lots  which  have  been  purchased  for 
private  burial  lots,  under  a  penalty  of  twenty  dollars. 

Sec.  10.  No  person  shall  dig  any  grave,  put  any  fence, 
gravestone  or  board,  or  make  any  erections,  or  dig  up 
any  sod  on  any  private  burial  lot,  except  under  the  di¬ 
rection  or  by  consent  of  the  owner  thereof,  under  a  pen¬ 
alty  of  twenty  dollars  for  each  offence. 

Sec.  11.  No  person  shall  remove  the  stakes  from  a 
burial  lot,  nor  any  board,  grave-stone  or  other  monu¬ 
ment  which  may  have  been  erected  at  any  grave,  nor  de¬ 
face,  injure  or  desecrate  any  such  board,  grave-stone  or 
other  monument  in  any  manner,  under  a  penalty  of 
twenty  dollars  for  each  offence. 

Sec.  12.  No  person  shall  cut,  break  or  in  any  other 
manner  injure  or  destroy  any  tree,  shrub  or  plant,  or 
wantonly  injure  or  destroy  any  flower,  either  wild  or  cul¬ 
tivated,  in  the  cemeteries,  under  a  penalty  of  twenty  dol¬ 
lars. 

Sec.  13.  No  person  shall  discharge  fire-arms  in  either 
cemetery  under  a  penalty  of  twenty  dollars. 

Sec.  14.  No  person  shall  drive,  ride  or  lead  any  horse 
or  vehicle  in  the  cemeteries  faster  than  a  walk,  under  a 
penalty  of  ten  dollars. 

Sec.  15.  No  person  shall  deposit,  or  cause  to  be  depos¬ 
ited,  any  filth  or  unclean  or  offensive  substance  in  either 
cemetery,  under  a  penalty  of  twenty  dollars. 

Sec.  16.  No  person  shall  excavate  any  earth  in  either 
cemetery,  or  remove  the  same  therefrom,  excepting  by 
t  he  consent  or  under  the  direction  of  the  Hoard  of  Aider- 
men,  or  of  the  Sexton,  or  of  some  other  officer  legally  au¬ 
thorized  by  the  said  Aldermen,  under  a  penalty  of  twen¬ 
ty  dollars  for  each  offence. 


ORDINANCES  OF  THE  CITY  OF  IIALEIGII.  9$ 

Sec.  17.  It  shall  be  unlawful  for  persons,  large  or 
small,  to  use  the  cemeteries  as  a  play  ground,  and  it  sha'U 
be  the  duty  of  the  Sextons  to  prevent  such  use.  If,  after 
being  ordered  to  desist  by  the  Sexton,  they  should  still 
persist,  it  shall  be  his  duty  to  carry  them  before  the 
Mayor,  who  shall  impose  a  penalty  of  twenty  dollars. 

Sec,  18.  All  persons  desiring  to  purchase  lots  in  the 
cemeteries  must  apply  to  the  City  Marshal,  whose  duty 
it  shall  be  to  lay  off  said  lot  and  require  an  immediate 
cash  payment  of  four  cents  per  square  foot  laid  off  for  such 
private  use,  if  for  a  city  resident,  and  fifteen  cents  per 
square  foot  for  the  use  of  a  non-resident:  Provided ,  No 
more  lots  shall  be  sold  in  the  City  Cemetery.  The  lots 
in  the  Colored  Cemetery  shall  be  sold  at  three  cents  per 
square  foot. 

Sec.  19.  No  one  person  shall  set  apart  for  his  own 
family  use  more  than  three  hundred  square  feet  in  either 
cemetery. 

Sec.  20.  On  the  payment  of  the  sum  above  required 
the  City  Marshal  shall  issue  a  certificate  to  the  purchaser 
of  said  lot,  specifying  the  lot  and  price  thereof.  Upon  the 
presentation  of  the  said  certificate  the  Mayor  shall  make 
out  a  deed  for  said  lot,  and  shall  cause  the  Clerk  of  the 
Board  to  enter  in  a  book,  kept  for  that  purpose,  the  date 
of  the  deed,  the  description  and  price  of  the  lot,  and  to 
whom  sold. 

Sec.  21.  It  shall  be  the  duty  of  the  City  Marshal  to 
collect  all  moneys  due  for  burial  lots  and  graves  in  the 
cemeteries,  and  pay  the  same  over  to  the  City  Treasurer.. 

Sec.  22.  The  City  Marshal  must  be  present  at  laying 
off  of  all  graves;  he  shall  be  allowed  twenty-five  cents  for 
each  and  every  grave  of  persons  non-residents  of  the  City, 
and  live  per  cent,  on  all  such  collections  made. 

Sec.  23.  The  Sextons  of  the  City  and  Colored  Cemete¬ 
ries  and  the  Sexton  of  Oak  wood  Cemetery  shall  have 
within  their  respecti  ve  cemeteries,  the  power  and  author- 


1 00 


ORDINANCES  OF  TIIE  CITY  OF  K  A  LEIGH. 


ty  of  Policemen,  and  may  arrest  any  person  for  any  vio¬ 
lation  of  the  Ordinances  of  the  City  or  of  the  regulations 
of  their  respective  cemeteries.  The  same  authority  shall 
be  exercised  by  their  legally  appointed  assistants. 


CHAPTER  XVI. 

PAYMENT  01-'  MONEY  OUT  OF  THE  TREASURY. 

Section.  Section. 

J.  No  money  to  be  paid  out  unless  Clerk  to  keep  duplicate  of  war- 
fa  y  order  of  the  Board.  rants. 

-.  Warrant  testate  nature  of  claim.  4.  Nodebt  to  be  contracted  without 

an  order  from  the  Mayor. 


Sec  .  1.  No  money  shall  be  paid  out  of  the  City  Treas¬ 
urer,  unless  by  order  of  the  Board  of  Aldermen  in  meet¬ 
ing  assembled,  and  then  only  upon  a  warrant  signed  by 
the  Clerk  of  the  Board,  and  countersigned  by  the  Mayor. 

Sec.  2.  All  warrants  shall  state  upon  their  face  the  na¬ 
ture  of  the  claims  for  which  said  warrants  are  drawn. 

Sec.  3.  The  Clerk  of  the  Board  shall,  in  each  and 
every  case,  retain  in  a  book,  kept  for  that  purpose,  a  du¬ 
plicate  of  every  such  warrant  issued. 

Sec.  4.  No  debt  created  by  any  City  officer  or  employee 
shall  be  paid  or  recognized  by  the  Board,  unless  pro¬ 
cured  with  an  order  signed  by  the  Clerk,  and  counter¬ 
signed  by  the  Mavor. 


ORDINANCES  OF  THE  CITY  OF  RARER. IT. 


101 


CHAPTER  XVII. 

AUCTIONEERS. 


SliCTTOX. 

1.  Aldermen  may  appoint  Auction¬ 

eers. 

2.  To  pay  one  percent,  on  amount 

of  sales  monthly. 


Section'. 

3.  Forfeit  for  selling  without  au¬ 
thority. 


y 


Sec.  1.  The  Aldermen  of  the  City  of  Raleigh  may,  in- 
their  discretion,  appoint,  whenever  they  may  see  lit  du¬ 
ring-  each  year,  as  many  as  five  Auctioneers  for  the  City, 
each  of  whom  shall  execute  bond,  to  be  approved  by  the 
Aldermen,  payable  to  the  State  of  North  Carolina  in  like 
manner,  penalty  and  condition  as  is  prescribed  in  Chap¬ 
ter  8,  of  Battle’s  Revisit,  (Auctions  and  Auctioneers,) 
which  bond  shall  be  returned  by  the  Aldermen  to  the 
Clerk  of  the  Superior  Court  to  be  by  him  safely  kept 
[See  Battle’s  Revisal,  Auctions  and  Auctioneers.] 

Sec.  2.  It  shall  be  the  duty  of  the  City  Collector  to 
call  the  first  Monday  in  every  month  on  the  Auctioneers 
of  the  City  of  Raleigh  for  one  per  cent,  on  the  amount 
of  sales  made  by  them,  for  the  use  of  the  City,  as  allow¬ 
ed  by  act  of  Assembly.  When  received  he  shall  pay  the 
same  over  to  the  City  Treasurer,  and  take  his  receipt  for 
the  same. 

Sec.  3.  If  any  person  shall  sell  goods  by  auction  in 
the  City  without  authority  from  the  Aldermen,  he  shall 
forfeit  twenty-five  dollars  for  every  such  offence,  to  be  re¬ 
covered  by  warrant  before  the  Mayor. 


102 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


CHAPTER  XX. 

CONTAGIOUS  AND  INFECTIOUS  DISEASES;  BOARD  OF 
HEALTH. 


L  No  person  afflicted  with  a  conta¬ 
gious  or  infectious  disease  to  be 
brought  into  the  City,  except  by 
permission  of  the  Mayor  or  Al¬ 
dermen. 

'2.  Forfeiture  for  coming  into  the 
City  without  permission. 


Section. 

3.  Aldermen  may  remove  persons 

out  of  the  City  to  Hospital 

4.  Mayor  to  approve  prescriptions 

for  paupers. 

">.  Board  of  Health. 


Sec-  1.  No  person,  without  first  obtaining  for  that  pur¬ 
pose  the  permission  of  the  Mayor  or  the  Board  of  Aider- 
men,  shall  knowingly  bring,  or  allow  to  be  brought,  or 
shall  connive  at  the  bringing  into  the  City,  any  person, 
in  his  or  her  emp’oyment,  or  under  his  or  her  manage¬ 
ment  or  control,  afflicted  with  small  pox  or  other  mortal 
disease  of  a  contagious  or  infectious  kind  ;  and  every  per¬ 
son  offending  against  this  ordinance  shall  forfeit  and  pay 
twenty-five  dollars  and  all  expenses  and  charges  incurred 
by  the  corporation  on  account  of  such  afflicted  person  so 
brought  into  the  City. 

Bec.  2.  If  any  such  afflicted  person  shall  come  into  the 
City,  without  permission  as  aforesaid,  lie  shall,  for  every 
such  offence,  forfeit  twenty-five  dollars. 

Sec.  o.  The  Board  of  Aldermen  shall  have  power  to 
remove  from  the  corporate  limits  of  the  City,  to  the  City 
Hospital,  or  to  any  other  place  without  the  limits,  any 
person  who  may  be  afflicted  with  small  pox  or  other  mor¬ 
tal  disease  of  an  infectious  or  contagious  nature ;  and  it 
shall  be  their  duty  to  do  so  whenever,  in  the  judgment 
of  the  Board,  such  removal  may  he  necessary  to  prevent 
the  further  spread  of  the  disease.  Any  person  attempt¬ 
ing,  by  threats  or  force,  to  prevent  the  removal  to  the 
hospital  of  any  person  ordered  to  be  removed  thither, 
shall  forfeit  twenty-five  dollars. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


108 

Sec.  4.  All  applications  for  medicine  made  by  the  poor 
of  the  City  shall  be  made  to  the  Mayor,  and  he  shall 
countersign  the  prescriptions  and  keep  a  suitable  book 
wherein  the  names  of  all  such  applicants  shall  be  re¬ 
corded. 

Sec.  5.  The  Medical  Faculty  of  the  City  shall  be  ap¬ 
pointed  a  Board  of  Health,  and  they  are  hereby  so  con¬ 
stituted,  and  they  are  respectfully  requested,  each  one  for 
himself,  to  communicate  to  the  Mayor,  in  writing,  on  the 
first  day  of  each  month,  the  number  of  deaths  occurring 
in  his  practice  in  the  limit  of  the  City,  within  the  month 
preceding,  and  the  diseases  of  which  the  different  pa¬ 
tients  died. 


CHAPTER  XXI. 


COMMISSIONER  OF  SINKING  FUND. 


-Section. 

1.  Commissioner  to  give  bond,  with 

sureties,  penalty  to  be,  from 
time  to  time,  increased. 

2.  Commissioner  to  call  on  Treas¬ 

urer  for  statement  of  special  tax. 
Treasurer  to  pay  to  him  excess  ! 
over  $4,000.00,  &c. 

-3.  City  Collector  to  pay  excess  over  i 
$4,000.00  of  special  tax  to  Com-  j 
missioner. 

4.  Commissioner  to  advertise  for  | 
proposals  for  sale  of  bonds  is-  j 
sued  under  Act  of  March  30th, 
1869,  when. 


Section. 

5.  If  none  of  said  bonds  can  be  pur¬ 

chased  at  par  value  or  less,  oth¬ 
er  bonds  of  the  City  may  be  in 
like  manner  purchased. 

6.  If  no  bonds  of  the  City  can  be 

so  purchased,  Commmissioner 
may  purchase  bonds  of  the  Uni¬ 
ted  States. 

7.  Commissioner  to  report,  annual¬ 

ly,  in  the  month  of  May,  condi¬ 
tion  of  Fund. 

8.  Commissioner  may  be  removed: 

upon  failure  to  give  bond,  office 
to  be  vacant. 


Sec.  1.  The  Commissioner  of  the  Sinking  Fund  shall 
•give  bond,  payable  to  the  City  of  Raleigh,  in  the  penal 
sum  of  ten  thousand  dollars,  with  at  least  two  sureties, 
to  be  approved  by  the  Board.  The  sureties  shall  make 
oath  that  they  are  worth,  in  real  and  personal  property, 


104 


ORDINANCES  OF  TIIE  CITY  OF  RALEIGH. 


^>ver  and  above  liabilities  and  exemptions  allowed  by 
law,  at  least  the  amount  of  the  penalty  of  the  bond.  The 
bond  shall  be  annually  renewed  during  the  month  of 
May,  and  the  penalty  shall  be,  from  time  to  time,  in¬ 
creased  according  to  the  probable  amount  of  the  funds  to- 
be  in  the  hands  of  the  Commissioner  during  the  succeed¬ 
ing  year. 

Sec.  2.  It  shall  be  the  duty  of  the  Commissioner  of  the 
Sinking  Fund  to  call  on  the  Treasurer  of  the  City  for  a. 
statement  of  the  special  taxes  collected  for  the  purpose  of 
paying  the  principal  and  interest  of  the  bonds  issued  un¬ 
der  an  act  “to  enable  the  City  of  Raleigh  to  borrow  money 
for  certain  purposes,”  ratified  March  30th,  1860,  and  the 
Treasurer  shall  pay  to  him  the  excess  over  $4,000,  being 
the  amount  needed  to  pay  interest  on  said  bonds  "which 
fell  due  in  1871  :  Provided ,  That  if  there  shall  be  a  de- 
lienc}^  in  the  Treasury,  the  Treasurer  shall  deliver  to  the 
Commissioner  an  obligation  signed  by  him,  pledging  the 
City  to  pay  said  amount  on  or  before  the  1st  da}r  of  Octo¬ 
ber,  1873  and  1874,  in  equal  installments,  with  interest 
from  the  1st  day  of  April,  1872,  at  the  rate  of  eight  per 
cent,  per  annum,  payable  semi-annually. 

Sec.  3.  The  City  Collector  shall,  after  the  year  1871,- 
pay  the  whole  of  said,  special  taxes  .to  the  said  Commis¬ 
sioner,  who  shall  give  receipts  for  said  payments,  and  pay 
the  interest  on  the  bonds  issued  under  said  act  at  the  time 
said  interest  becomes  due.  And  it  shall  be  the  duty  of 
said  Commissioner  to  demand  said  special  tax  from  time 
to  time  from  the  Collector,  and  if  not  paid,  to  report  the 
tact  to  the  Board. 

Sec.  4.  The  said  Commissioner  shall,  from  time  to 
time,  when  he  shall  have  sufficient  money  in  his  hands, 
advertise  for  ten  days  in  the  daily  newspapers  for  sealed 
proposals  for  the  sale  of  bonds  of  the  City  issued  under 
said  act.  Bids  shall  be  opened  in  the  presence  of  the 
Mayor  and  Treasurer,  and  such  bids,  not  exceeding  par,. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


10." 


;is  are  most  advantageous  for  the  City  shall  be  accepted  . 
hut  said  officers,  if  deemed  best,  may  refuse  to  accept  any 
bids  made,  and  advertise  for  additional  proposals.  Bonds 
of  the  City  so  purchased  shall  be  cancelled  by  them. 

Sec.  5.  If,  after  reasonable  diligence,  none  of  said  bonds 
can  be  purchased  at  their  par  value,  or  less,  then  the  Com¬ 
missioner  shall  in  like  manner  purchase  any  other  bonds 
of  the  City  which  shall  be  cancelled, and  registered  certifi¬ 
cates,  signed  by  the  Treasurer,  payable  to  said  Commis¬ 
sioner,  issued  in  exchange,  principal  and  interest  payable 
at  the  same  time  and  place. 

Sec.  G.  If  no  bonds  of  the  City  can  be  bought  at  par 
or  less,  then  the  Commissioner  shall  purchase  bonds  of 
the  United  States,  which,  if  unregistered,  shall  be  forth¬ 
with  registered  in  the  name  of  said  Commissioner,  who 
shall  collect  the  interest  regularly  and  re-invest  the  same 
as  required  by  this  ordinance  in  other  bonds. 

Sec.  7.  The  said  Commissioner  shall  make  a  report  to 
the  Board  annually,  at  their  meeting  in  the  month  oi 
May,  of  the  condition  of  the  Fund  andjofhis  action  since 
the  last  report.  He  shall  likewise  recommend  to  the 
Board,  for  their  consideration,  a  scheme  of  taxation  for 
carrying  into  effect  the  provisions  of  the  above-men¬ 
tioned  act  of  the  General  Assembly. 

Sec.  8.  The  Commissioner  may  be  removed  from  office, 
at  any  time,  for  misbehavior  or  neglect  in  office;  and  if 
he  shall  fail  to  give  the  bond  required  by  the  Board,  his 
office  shall,  ipso  facto,  be  vacant. 


ORDINANCES  OF  THE  CITY  OF  BAD  ETCH. 


.)  Of) 


CHAPTER  XXII. 


BONDS. 


I.  Owner  of  bonds  may  have  the 
same  made  payable  to  himself, 
and  not  to  bearer. 


Section. 

3.  Coupon  bonds  may  be  altered  in¬ 
to  registered  bonds. 

2.  How  alteration  to  be  made. 


Sec.  1.  Any  bona,  fide  holder  and  owner  in  his  or  her 
own  right,  or  as  trustee  for  another  of  any  coupon  bonds 
already  issued  by  the  City  of  Raleigh  and  made  payable 
to  bearer,  may  be  allowed  to  have  such  bond  so  altered 
as  to  be  payable  to  himself  or  herself  by  name,  and  the 
word  “bearer”  expunged. 

Sec.  1.  Such  alteration  shall  be  made  by  the 
Treasurer  of  the  City  of  such  bond  already  issued 
or  hereafter  to  be  issued  by  the  City,  and  he  shall  note 
the  alteration  on  the  same  page  of  the  registry  of  bonds, 
on  which  the  bond  thus  altered  shall  be  registered  or  re¬ 
corded. 

Sec.  o.  On  tlie  surrender  of  any  of  said  coupon  bonds,, 
the  Treasurer  shall,  if  requested,  issue  a  consolidated 
bond  for  the  total  amount  ©f  the  bonds  so  surrendered, 
payable  to  the  owner  or  to  his  order,  bearing  the  same 
rate  of  interest  payable  at  the  same  time.  The  surren¬ 
dered  bonds  shall  be  cancelled  by  the  Treasurer,  in  pres¬ 
cribe  of  the  Mayor,  and  the  Treasurer  shall  report  his  action 
'O  the  Board  at  the  next  meeting. 


ORDINANCES  OF  THE  CITY  OF  RALEIGH. 


107 


CHAPTER  XXIII. 


MISCELLANEOUS  PROVISIONS. 


Section, 

1.  City  Attorney. 

•J.  Resignations  to  lie  over 


I  Section, 

next  meeting. 

until  I  3.  Repealing  section. 


Sec.  1.  The  Board  of  Aldermen  may*  at  their  first  reg¬ 
ular  meeting  in  May,  or  at  any  time  during  the  year, 
elect  a  City  Attorney,  who  shall  hold  his  office  for  one  year. 
It  shall  be  his  duty  to  act  as  the  legal  adviser  of  the  Board 
of  Aldermen  and  the  officers  of  the  City,  to  represent  the 
City  in  all  actions  brought  by  or  against  it,  and  to  per¬ 
form  such  other  duties  as  the  Board  of  Aldermen  shall 
from  time  to  time  impose  upon  him.  His  rate  of  compen¬ 
sation  shall  be  determined  by  the  Board. 

Sec.  2.  No  member  of  the  Board  of  Aldermen  shall  be 
allowed  to  tender  resignation  of  his  office  except  in 
writing,  and  the  matter  shall  lie  on  the  table  of  course 
until  the  next  regular  meeting. 

Sec.  3.  All  ordinances  heretofore  passed  for  the  govern¬ 
ment  of  the  City  of  Raleigh,  which  are  repugnant  to  the 
provisions  of  the  ordinances  above  set  out,  are  hereby  re¬ 
pealed,  but  no  offence  committed  and  no  penalties  in¬ 
curred  under  any  ordinance  hereby  repealed  shall  be  af¬ 
fected  by  the  repeal. 


APPENDIX. 


1  desired  to  give  in  the  Appendix  ail  the  resolutions 
and  ordinances  relating  to  the  issue  of  bonds  ;  but  find¬ 
ing  that  many  bonds  were  issued  in  renewal  of  bonds 
previously  issued,  and  that  the  amount  of  the  issue  was 
not  always  definite,  I  have  conclued  that  such  publica¬ 
tion  will  be  superfluous.  The  Appendix  therefore  con¬ 
tains  only  a  summary  of,  and  reference  to  the  resolutions 
and  ordinances  upon  the  subject.  F.  H.  B. 

3.  January  7th,  1860.  Id fty  thousand  dollars  (§50, 000)- 
of  bonds,  authorized  by  sections  105,  106,107  and  108  of 
the  Charter,  known  as  “Market  TFousc  Bonds,”  ordered 
to  be  issued. 

2.  June  16th,  1871.  Thirty  thousand  dollars  ($30,000) 
of  bonds  authorized  to  be  issueds  and  sold  to  pay  the 
“floating  debt.”  Records,  pages  44,  45,  46,  47. 

3.  March  27th,  1872.  Five  thousand  dollars  ($5,000)  of 
bonds  issued  to  pay  necessary  expenses.  Records,  page  133. 

4.  June  11th,  1872.  Fifteen  thousand  dollars  ($15,000) 
of  bonds  to  be  issued  in  exchange  for  matured  bonds  and 
City  scrip.  Records,  page  174. 

5.  July  loth,  1872.  Treasurer  ordered  to  sell  eight 
thousand  dollars  ($8,000)  of  the  bonds  authorized  in  the 
preceding  resolution  (4).  Record,  page  170. 

6.  August  9th,  1872.  Seven  thousand  dollars  ($7,000) 
•of  bonds  ordered  to  be  issued  in  exchanged  for  old  bonds. 
Records,  page  183. 

7.  September  30th.  1872.  Ten  thousand  dollars  ($10,- 
000)  of  three  years  bonds  ordered  to  be  issued,  $2,000  to 
pay  for  stock  in  Oakwood  Cemetery,  and  $8,000  at  not 
less  than  ninety  cents  in  the  dollar,  in  exchange  for  bonds 
of  Mr.  Purefoy.  Records,  page  194. 


110 


APPENDIX. 


8.  January  6th,  1873.  Six  thousand  dollars  ($6,000) 
in  three  years  bonds  authorized  to  be  issued.  Records, 
page  215. 

9.  June  4th,  1873.  Five  hundred  dollars  ($500)  in 
bonds  ordered.  Records,  page  246. 

10.  June  19th,  1873.  Eight  per  cent,  three  year  bonds, 

•  for  the  purpose  of  taking  up  City  scrip  and  the  renewal 
of  past  due  bonds” — amount  left  indefinite.  Records, 
page  253. 

11.  August  13th,  1874.  Eight  per  cent,  bonds  sufficient 
to  fund  the  City  debt  authorized  to  be  issued.  Records, 
page  252. 


LI.  FAIR  GROUNDS. 

Resolutions  to  the  following  effect  have  been  passed  by 
the  City  authorities  in  reference  to  the  grounds  occupied 
by  the  North  Carolina  State  Agricultural  Society  : 

1.  February  27th,  1869.  Land  in  the  eastern  part  of 
Hie  Cit}T  ceded  to  the  North  Carolina  State  Agricultural 
Society.  Old  Records. 

2.  April  28th,  I860.  Deed  ordered  to  be  made  to  the 
North  Carolina  Agricultural  Society.  Old  Records. 

3.  January  29th,  1873.  Deed  to  the  “old  Fair  Grounds” 
ordered  to  be  made  to  the  North  Carolina  State  Agricul¬ 
tural  Society  ;  Provided ,  a  deed  to  the  new  grounds  should 
be  made  to  the  City.  Records,  page  216. 

4.  August  27th,  1873.  Foregoing  deed  declared  valid 
and  sufficient,  with  the  proviso  that  the  North  Carolina 
state  Agricultural  Society  shall  not  mortgage  the  new 
grounds  to  a  greater  extent  than  ten  thousand  dollars. 
Records,  page  266. 

5.  April  25th,  1874.  Rower  given  to  mortgage  for  ten 
thousand  dollars  more,  or  to  issue  bonds  secured  by  mort¬ 
gage  for  twenty  thousand  dollars  in  all.  Records,  page 


APPENDIX. 


1 1  I 


0.  January  14th,  1870.  Power  given  to  the  North 
Carolina  State  Agricultural  Society  to  increase  its  mort¬ 
gage  to  thirty-five  thousand  dollars. 


\ 


/ 


INDEX  TO  CHARTER, 


ALDERMEN:  Page. 

Number,  and  election  of, .  10 

To  succeed  Board  of  Commissioners, .  13 

How,  and  when  they  shall  qualify, .  13 

To  elect  Mayor, .  14 

Oath  of,  and  term  of  office, . . .  14 

Vacancy  in  Board  of,  how  filled, .  14 

Penalty  for  refusing  to  qualify, .  14 

Meetings  of  Board, . . . . .  16 

Powers  and  duties, .  16 

Fine  for  failure  to  attend  meetings. .  17 

To  make  Ordinances  and  By-laws .  17 

May  borrow  money,  how, .  .  17 

To  elect  Clerk,  Tax  Collector,  Treasurer  and 

Constable, .  i8 

To  make  out  and  publish  transcript  of  receipts 

and  disbursements, .  18 

Shall  fund  the  City  debt .  19 

Powers  of,  in  reference  to  Streets . • .  29 

Powers  of,  in  regard  to  Public  Squares, .  31 

May  grant  privilege  to  erect  porches, .  31 

Shall  not  be  contractors, .  32 

May  abate  nuisances .  32 

May  prevent  dogs,  hogs,  etc.,  from  running  at 

large, . 32 

May  prohibit  fast  driving,  etc., . 32 

May  establish  Market, .  32 

May  establish  and  regulate  buddings, .  32 

May  establish  Grave  Yards, . 33 

May  organize  Fire  Companies,  .  33 


114 


INDEX  TO  CHARTER. 


Page. 


Powers  in  regard  to  contagious  diseases .  33 

Powers  in  reference  to  sale  of  liquors .  34 

Forbidden  to  use  corporate  money  in  certain 

cases .  38 

Power  to  borrow  money .  38 

Power  to  issue  bonds,  ( Market  House  )  and 
provide  for  payment .  40 


APPEALS  :  (  See  Mayor.  ) 
APPROPRIATIONS :  (  See  Misdemeanors.) 
ASSESSMENT  :  (  See  Taxes.  ) 

ASSESSORS :  (  See  Taxes  and  Real  Estate.  ) 


AUCTIONEERS  : 

Duties;  to  render  abstract .  21 

Commissions  of .  21 

Penalty  for  violating  act .  22 

Penalty  for  acting  as,  without  authority .  22 

AUDITOR : 

Election  of,  duties  and  compensation  .  19 


B. 

BALLOTS :  (  See  Election.  ) 
BILLIARD  TABLES :  (  See  Taxes.  ) 
BONDS : 


Aldermen  shall  fund  the  City  debt .  19 

Breach  of  official .  21 

Aldermen  may  issue,  how .  39 

How  disposed  of .  40 

To  be  submitted  to  voters .  41 

BOOKS  OF  REGISTRATION  :  (  See  Election.  ) 
BOUNDARIES  : 

City;  Ward . 8 

BUILDINGS : 

Aldermen  may  regulate .  .  32 

BY-LAWS :  (  See  Ordinances.  ) 


INDEX  TO  CHARTER. 


1  15 


P 


AGE. 


c. 


CELLARS : 

Penalty  for  building,  in  foot  ways . .  31 

CEMETERIES  : 

Aldermen  may  establish .  33 

CHALLENGES :  (  See  Election.  ) 

CITY  BOUNDARIES: 

Established .  8 

CITY  CONSTABLES  :  (See  Constable.) 

CLAIMS: 

To  be  presented  in  two  years . .  39 

Registry  of.  to  be  kept  by  Clerk .  39 

CLERK: 

Election  and  duties  of;  to  keep  journal .  18 

To  draw  orders  on  Treasurer .  19 

Breach  of  official  bond .  21 

To  keep  Registry  of  Claims .  39 

COLLECTOR:  (See  Taxes  and  Tax  Collector.  ) 
COMMISSIONER  OF  SINKING  FUND  : 

Office  and  duties .  40 

COMMISSIONERS : 

Powers  devolved  upon  Aldermen .  13 

COMMISSIONERS  OF  WAKE  COUNTY : 

Duties  of,  in  regard  to  election . . .  10 

CONSTABLE : 

Election  and  duties  of .  18 

Powers  and  fees .  20 

CONTAGIOUS  DISEASES : 

Powers  of  Aldermen  in  reference  to .  33 

CONTRACTORS  : 

City  officers  not  to  be .  32 

CORPORATE  LIMITS :  (  See  Boundaries.  ) 
CORPORATE  NAME: 

Established . 8 


lift 


INDEX  TO  CHARTER. 


Page. 

CORPORATE  RIGHTS : 

Granted  to  citizens .  8 

Not  to  lapse  by  failure  to  hold  election .  15 

CORPORATION : 

Seal  of .  8 

Mayor  and  Board  may  sell  property  of,  how.  37 
Property  of  and  tax-lists  to  be  surrendered  ; 

penalty  for  refusal. .  38 

Debt  against,  how  satisfied, . .  37 

COURT : 

Mayor’s  Court  how  constituted .  15 

D. 

DEBTS : 

Board  shall  fund  indebtedness .  19 

City,  how  satisfied .  37 

DEED; 

City  may  make  deed  to  its  real  estate .  37 

DEFENDANTS : 

May  be  made  to  work  on  streets . .  15 

DISEASES,  CONTAGIOUS  : 

Powers  of  Aldermen  in  reference  to  .  38 

Hospital  expense  ;  penalty  for  interference .  33 

DOGS : 

Taxes  on . .  23 

Aldermen  may  prohibit  running  at  large .  32 

E. 

ELECTION ; 

Of  Aldermen  ;  time  of . . . . .  10 

Appointment  of  Registrars .  10 

Registration,  method  of .  11 

Inspectors  of  election  ;  electors  ;  challenges .  12 

Ballots  to  be  preserved  ;  duties  of  Inspectors..  18 

Duties  of  Sheriff  of  Wake  County .  14 

Failure  to  hold,  what  effect .  15 


INDEX  TO  CHARTED. 


117 


Page. 

How  to  be  held  if  not  held  at  regular  time...  15 


Upon  issue  of  bonds .  41 

ELECTORS: 

Qualifications  of .  12 


ENCROACHMENTS:  (  See  Porches.  ) 

F. 


FEES: 

Of  Mayor . 

Of  Constable  . 

Of  Collector . 

FINES : 

Upon  Aldermen  for  failing  to  attend . 

Of  minors,  how  recovered . 

How  collected  ;  not  to  exceed  $25 . 

Defendants  may  be  made  to  work  out  fine  on 

streets . 

FIRE  COMPANIES: 

Establishment  of . 


35 

26 

24 

17 

35 

35 


36 


33 


G. 

GRAVEYARDS: 

Aldermen  may  establish .  33 

GOVERNOR’S  MANSION:  (See  Streets.) 


H. 

HOSPITAL: 

Expenses,  how  paid .  33 

Penalty  for  preventing  removal  to,  .  33 

I. 

INCORPORATION: 

Section  incorporating  citizens .  8 

INFANTS: 

Land  of,  not  to  be  sold  for  taxes .  26 


INSPECTORS  OF  ELECTION:  (See  Election.) 

J. 


JOURNAL : 

Clerk  to  keep 


18 


118 


INDEX  TO  CHARTER-. 


Page. 


JUDGMENTS: 

Of  Mayor,  their  force. . .  H> 

JURISDICTION : 

Of  Mayor’s  Court . . .  15 

L. 


LAND  :  (See  Real  Estate,) 

LICENSE:  (See  Taxes.) 

LIMITATIONS,  STATUTE  OF  : 

Claims  to  be  presented  to  Clerk  in  two  years,  39 


Registry  of  claims .  39 

LIMITS,  CITY :  (See  Boundaries.) 

LIQUORS : 

Aldermen  may  prohibit  sale .  34 

Penalty  for  violating .  34 

M. 

MARKET : 

Aldermen  may  establish .  32 

MAYOR: 

How  chosen  ;  oath  ;  term  of  office .  13 

Vacancy,  how  filled .  13 

Penalty  for  refusing  to  qualify .  14 

Powers  and  duties  of .  15 

May  issue  process  ;  to  keep  office .  16 

To  preside  at  Board  of  Aldermen .  16 

Not  to  be  a  contractor .  32 

Appeals  from  ;  fees  of .  35 

MERCHANTS  :  (See  Taxes.) 

MINORS: 

Fines  due  from,  how  collected .  35 

MINUTES :  (See  Journal.) 

MISDEMEANORS : 

To  violate  ordinances . 37 

Not  to  turn  over  corporate  property .  38 

Not  to  surrender  tax  list .  38 

To  appropriate  money  to  defeat  Charter .  38 


INDEX  TO  CHARTER. 


119 

lGE. 

MOORE  SQUARE;  (See  Squares.) 

N, 

NASH  SQUARE  :  (See  Squares.) 

NUISANCES; 

Aldermen  may  abate . . ,. . .  32 

O. 

OATHS: 

Of  Mayor;  of  Aldermen - .... - -  14 

OFFICE: 

Mayor  to  keep  an  office,, . .  19 

OFFICERS: 

Not  to  be  contractors . .  32 

To  turn  over  corporate  property . . .  38 

To  surrender  tax  lists... . .... . . .  3<S 

OFFICIAL  BONDS;  (See  Bonds.) 

ORDINANCES  AND  BY-LAWS: 

Aldermen  may  establish . .  17 

Violation  of,  a  misdemeanor . .  37 

R 

PATROL;  (See  Watch.) 

PENALTIES:  (See  Fines.) 

POLLS :  (See  Election,) 

POLL-TAX :  (See  Taxes.) 

PORCHES  : 

Aldermen  may  grant  privilege  of  erecting .  31 

PRISONERS : 

Sheriff  of  Wake  to  receive . . . . .  21 

PROCESS: 

Mayor  may  issue . . .  10 

PUBLIC  SQUARES;  (See  Squares.) 

PURCHASES,  TAX  ON:  (See  Taxes.) 

R. 

REAL  ESTATE: 

Tax  upon .  . . .  *22 


120 


INDEX  TO  CHARTER. 


Page. 

Sale  for  taxes  ;  return  of  sales  how  made .  25 

Owner  may  redeem  ;  infant’s  not  to  be  sold...  26 

City  may  convey .  37 

When  condemned,  how  assessed .  26 

REGISTRARS,  AND  REGISTRATION:  (See  Elec¬ 
tion.) 

REGISTRY  OF  CLAIMS: 

Clerk  to  keep .  39 

REPEAL : 

Not  to  affect  what .  36 

RETAIL  LIQUOR  LICENSE :  (See  Taxes.) 
REVENUE:  (See  Taxes.) 

RIDING,  FAST: 

Aldermen  may  prohibit .  32 

S. 

SHERIFF  OF  WAKE: 

Duties  of  at  election .  14 

To  receive  prisoners .  21 

SIDEWALKS: 

When  City  may  repair .  29 

Owner  to  pay  part  of  expenses  of  new .  29 

Assessors  to  hear  owners .  30 

Owners  shall  improve .  31 

SINKING  FUND : 

Commissioner  of .  40 

SQUARES,  PUBLIC : 

Control  of  Nash  and  Moore  Squares  given  to 

Aldermen .  30 

Well-behaved  persons,  to  have  access .  30 

STREETS : 

New,  how  opened .  26 

To  be  kept  clean  ;  sidewalks .  29 

New,  below  Governor’s  Mansion .  30 

Power  to  grade .  30 

Defendants  may  be  ordered  to  work  on .  30 


INDEX  TO  CHARTER. 


121 


Page. 

T. 

TAX-COLLECTOR : 

Appointment  of .  18 

Breach  of  bond .  21 

Fees .  24 

To  make  return  of  land  sold .  25 

TAXES : 

Transcript  of  receipts  from,  to  be  made  out...  19 

Real  estate  ;  polls  ;  purchase .  22 

Omnibuses,  &c. ;  dogs;  swine  and  goats .  23 

Drays  ;  encroachments  ;  time  of  rendering  list,  23 

Assessors  ;  proceedings  to  lay  taxes .  24 

How  taxes  to  be  laid  ;  tax  list .  24 

How  to  collect  by  distress .  25 

Sale  of  real  estate;  returns  of  land  sold .  25 

Owner  may  redeem  real  estate .  26 

When  not  redeemed,  to  be  conveyed  in  fee....  26 

Of  infant’s  not  to  be  sold .  26 

Additional  subjects  of  taxation .  27 

Merchants  and  peddlers  ;  billiard-tables .  27 

Retail  liquor  license  ;  circuses .  28 

Theatricals ;  exhibitions  ;  concerts .  28 

Goats  ;  hogs  ;  horses  ;  dogs .  28 

Moneys  arising,  how  applied .  29 

Retail  liquor  license .  34 

Special,  to  pay  bonds .  39 

V. 

VACANCY; 

In  Mayor’s  office  or  Aldermen,  how  filled .  14 

Temporary  in  Mayor’s  office .  16 

VOTES  AND  VOTERS:  (See  Election.) 

W. 

WARDS  : 

Boundaries  of . . - .  8 


122 


INDEX  TO  CHARTER, 


Page. 

WATCH : 

How  organized .  .  20 

Penalty  for  failure  to  serve  in .  21 


INDEX  TO  ORDINANCES. 


Page. 

Assistant  Chief  of  Police . 71  to77,  86,87 

Assistant  Engineer .  66 

Attorney,  City .  107 

Auctions  and  Auctioneers .  60,  101 

Auditor .  95,  96 

Barbers  and  Barber  Shops .  70,  71 

Blacksmiths .  68 

Board  of  Health .  103 

Bonds .  106,  109 

Buildings . ? .  .  62 

Cellars . 55,  78 

Cemeteries .  88,  96,  109 

Chain  Gang .  61 

Chief  Engineer  of  Fire  Department .  66 

Chief  of  Police  and  Assistant .  85,  86 

Chimneys .  66 

Circuses .  92,  93 

Cisterns .  59 

City  Attorney .  107 

City  Marshal .  85,  86,  88,  89 

Clerk  and  Collector .  94,  95 

Clerk  of  the  Market .  71,  77 

ommissioner  of  Sinking  Fund .  103,  104 

Committees .  51,  52,  53 

Cotton  storage .  61 

Crossing  on  streets . .  69 

Debts,  how  to  be  contracted .  100 

Diseases,  contagious .  102,  103 

Disorderly  Houses . 68,  69 


124 


INDEX  TO  ORDINANCES. 


Page. 

Dogs .  82,  83 

Drunkenness .  69,  69 

Elections .  52 

Engineer,  Chief  and  Assistant .  66,  67 

Fair  Grounds . • .  110 

Fire  Commissioners .  65,66 

Fire  Companies .  .  64  to  68 

Fire  Department .  65  to  68 

Fire  Divisions.... .  65 

Fire,  prevention  of  accidents  by .  62,  63 

Fish . 75 

Games  on  Sunday .  70 

Gaming .  69 

Goats .  84 

Grave-yards . .  96  to  100 

Guano,  storage  of . *.....  81 

Health,  Board  of.. .  103 

Hogs  .  83,  84 

Houses  of  ill-fame .  68 

Indecent  exposure .  81 

Lamps .  89 

Licenses . 90,93 

Liquor  licenses .  90 

Market  regulations .  71  to  77 

Metropolitan  Hall .  77 

Nuisances .  78  to  81 

Paradise  trees .  80 

Peddling . 93 

Police  organization .  85  to  90 

Police,  Chief  of .  85,  86 

Pound  for  hogs,  etc .  83,  84 

Prescriptions  .  103 

Prize  boxes .  69 

Privies .  78,  80 

Pumps  and  wells .  55,  59,  60 


INDEX  TO  ORDINANCES. 


125 


Page. 

Repealing  section .  107 

Resignations .  107 

Returns  of  officers .  88 

Revenue .  90,  93 

Riding  and  driving .  58 

Riots .  69 

Roulette .  69 

Rules . .  50  to  53 

Sextons  .  96  to  100 

Sinking  Fund .  103,  104 

Slaughter  Houses .  79 

Stalls  in  Market .  76 

Stoves... .  62 

Stores  on  Sunday .  70 

Street  Commissioner .  54  to  61 

Streets .  54  to  61 

Sunday .  70 

Tan-yard .  78 

Taxation .  90  to  93 

Tax  Collector .  94,  95 

Treasurer  and  Treasury .  100 

Uniform  of  Police .  .  89,  90 

Weigh-master .  73,74 

Weights  and  Measures .  73,  74 

Wells  and  Pumps .  55,  59,  60 


